A surrogacy arrangement between an Alaska nurse and a California couple has led to a multi-state legal dispute in Texas after the birth of a baby boy with a rare and life-threatening heart condition.
Checks by DailyVista247 show the case centers on McKenna West, a cardiac nurse from Alaska, who served as a gestational surrogate for Omar Ahmed and Nausheen Gilkar, a couple based in Los Angeles, California. West gave birth on August 12 in Dallas, Texas, following a pregnancy that was diagnosed with a severe fetal anomaly.
According to court filings reviewed by the Associated Press and PEOPLE Magazine, the fetus was diagnosed with hypoplastic left heart syndrome (HLHS) at around 20 weeks. HLHS is a serious congenital condition where the left side of the heart is severely underdeveloped, affecting about 1 in every 3,841 babies born in the United States according to the CDC. Without surgical intervention, the condition is fatal.
In a statement of interest filed in Alaska in July, West said the intended parents requested that she terminate the pregnancy after the diagnosis, a request she declined. Under U.S. law, a surrogate retains bodily autonomy over abortion decisions, even if a contract addresses it. West later traveled from Alaska to Texas to receive prenatal care and give birth.
In an opinion piece published on Thursday, West said she was only able to see the newborn briefly after delivery before the child was placed in the care of the intended parents. The intended parents have disputed parts of West's account. Their attorney, Lee Budner, said his clients consented to medical treatment as soon as doctors confirmed the baby was eligible for surgery and described West's custody claims as baseless, noting they have been addressed by courts in both Alaska and California.
The newborn, whom the intended parents call Rumi and whom West and her supporters call Gabriel, was determined to be eligible for the Norwood procedure on August 14. The Norwood is the first of three staged surgeries commonly used to treat HLHS. The surgery was performed on August 17 at a Texas hospital and the baby is currently recovering under medical supervision. The child's condition remains critical and complex, according to a statement from the parents' attorney.
The incident comes amid growing scrutiny of U.S. surrogacy law, which is governed by individual states and not by federal law. California, where the contract was signed, is considered surrogacy-friendly and routinely grants pre-birth parentage orders to intended parents. Texas, where the birth occurred, has its own gestational agreement statute and stronger protections for provision of life-sustaining care to newborns. The office of Texas Attorney General Ken Paxton said it notified medical facilities about their obligations to provide medically necessary care after birth.
The case drew national attention after a Texas judge ordered that life-sustaining care be provided for the newborn the day before birth. According to University of Texas law professor Rachel Rebouché, who spoke to the Associated Press, surrogacy contracts commonly include provisions about pregnancy termination and medical care, but such provisions are often aspirational, not enforceable in court.
This development signals three unresolved issues that will likely set a precedent for future arrangements. First is the question of medical decision-making when a severe anomaly is diagnosed. While the surrogate decides whether to continue the pregnancy, the intended parents remain legally responsible after birth. Second is the issue of state shopping, as West's move from Alaska to Texas highlights how surrogates and parents can choose a birth state to gain legal leverage. The case has drawn support from right-to-life groups and Republican officials in Texas. Third is the parental rights battle itself, symbolized by the naming dispute. The California couple obtained a restraining order preventing West from seeing or holding the child after birth, while West, represented by Alliance Defending Freedom, says her goal is to ensure continued medical care.
A court in Texas has ordered that the child cannot be removed from the hospital or taken out of Texas until further rulings are issued in Alaska and California. The Norwood procedure is typically followed by a second surgery at 4-6 months and a third at 2-4 years.
