Health3 min(s) read
Published 10:47 14 Aug 2026 GMT
A surrogate has given birth to a baby she fought to carry to term, but has now been prohibited from seeing or holding him following a bitter legal dispute with his intended parents.
McKenna West, from Alaska, was acting as a surrogate for a California couple when doctors discovered at around 20 weeks that the unborn baby had hypoplastic left heart syndrome (HLHS), a rare condition in which the left side of the heart is severely underdeveloped.
The condition can be treated with surgery shortly after birth, although children who survive can face significant lifelong health complications.
After learning about the diagnosis, the baby's biological parents reportedly asked West to terminate the pregnancy, something they were entitled to request under the terms of the surrogacy agreement.
The contract reportedly contained a provision allowing for termination if a fetal "anomaly" was discovered during the pregnancy. West refused and subsequently travelled to Texas, where abortion laws are among the most restrictive in the US.
A court in Texas later ruled that West could remain there and seek medical treatment for the baby's heart condition.
The baby has now been born prematurely and is receiving medical treatment. West's lawyers have referred to him as "Baby Gabriel", according to The Dallas Morning News.
Texas lawyer General Ken Paxton has also become involved in the dispute, declaring: "Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care."
A court order issued on Tuesday stated: "Upon the child's live birth, medically indicated stabilizing and life-sustaining care shall be provided to the child pending further order of this Court."
The order further stated: "No person shall withhold, direct the withholding of, obstruct, or delay that care."
The intended parents, Nausheen Gilkar and Omar Ahmed, are due to appear at a hearing on August 25.
Their attorney, Lee Budner, said their sole priority is making sure their son receives the treatment he needs while allowing them to be with him.
"Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with him," Budner said.
He added: "Our clients will continue, as they always have, to place their baby’s health and well-being first, following the advice of the baby’s medical team, just as any loving parent would."
Budner also accused West and her legal representatives of turning the baby's situation into "political theater", arguing that his birth and medical condition had been caught up in the wider legal battle.
Meanwhile, a court order currently prevents West from seeing or holding the newborn.
Her attorney, Lincoln Wilson, has questioned whether Gilkar and Ahmed have been genetically confirmed as the baby's biological parents, claiming that genetic testing has not yet taken place.
Wilson has also said West would consider seeking custody of the baby if the courts allowed.
He has further attacked the terms of the original surrogacy agreement, describing it as "offensive to state and federal law" and even calling it a "hit man contract."
