DALLAS, TX. (THECOUNT) — McKenna West, the Alaska surrogate at the center of a multistate legal battle, has given birth to a baby boy with a severe congenital heart defect after refusing to terminate the pregnancy at the request of the child’s intended parents.
West gave birth Wednesday, Aug. 12, in Texas, several months after the baby was diagnosed before birth with hypoplastic left heart syndrome (HLHS), a serious and potentially life-threatening condition in which the left side of the heart is severely underdeveloped.
In her lawsuit, West said a lawyer hired by Gilkar and Ahmed to represent her during the surrogacy negotiations told her she could be responsible for **$250,000 under the contract if the termination did not occur**. West characterized the warning as a severe financial threat intended to pressure her into ending the pregnancy.
The newborn is receiving specialized medical care at a Dallas children’s hospital and is expected to undergo complex heart surgery. Without treatment, HLHS can be fatal, and children with the condition generally require multiple surgeries beginning shortly after birth. The Associated Press reported that the baby was scheduled to undergo surgery after receiving stabilizing care following his birth.
The baby’s medical condition is at the center of the dispute involving West and California-based intended parents Nausheen Gilkar and Omar Ahmed.
West has alleged in a lawsuit that Gilkar and Ahmed wanted her to terminate the pregnancy after doctors discovered the baby’s heart defect. She claims she faced severe financial consequences under the surrogacy agreement if she refused, including the alleged 6 figure obligation.
West said she initially scheduled an abortion in May but ultimately decided not to proceed. She has said she became emotionally attached to the baby during the pregnancy and offered to raise him herself.
Gilkar and Ahmed, however, dispute West’s characterization of their position. Court filings show the couple maintains that they did not intend to deny their child medical treatment after birth. Ahmed said the parents wanted the opportunity to consult with doctors and make informed medical decisions for their son.
The couple has also argued that West violated their surrogacy agreement by refusing to follow the arrangement and subsequently leaving Alaska for Texas. Their attorneys have maintained that the couple’s primary concern is the baby’s health and that they want to be able to participate in his medical care as his parents.
The disagreement intensified after West traveled to Texas while pregnant. Texas Attorney General Ken Paxton became involved after concerns were raised about whether the baby would receive life-sustaining treatment following his birth.
A Dallas judge issued an emergency order requiring two Texas hospitals to provide medically indicated stabilizing and life-sustaining care to the baby upon his birth. The order also restricted the child’s removal from Texas except when medically necessary.
West’s attorneys had argued that the baby faced a serious medical condition and that she needed legal protection to ensure he received appropriate treatment.
The case has now moved into another phase following the baby’s birth, with the central dispute shifting from the pregnancy and medical decisions to custody, parental rights and control over the child’s care.
The intended parents have obtained a temporary restraining order and, according to their attorney, are now in custody of the baby. The court has also given them authority over medical decisions involving their son. West’s attorneys are challenging those orders and continue to argue that she has rights as the woman who carried and delivered the child.
There is also a dispute over the baby’s name. West has referred to the newborn as Gabriel, while Gilkar and Ahmed have indicated that they consider Rumi to be the child’s name.
The legal fight spans several states. West is from Alaska, the intended parents are based in California and the child was born in Texas, creating complicated questions involving surrogacy agreements, parental rights and which state’s laws should govern the dispute.
The pregnancy was being carried under a gestational surrogacy agreement arranged through Worldwide Surrogacy. According to West’s lawsuit, the baby’s heart condition was discovered during a prenatal examination at approximately 20 weeks of pregnancy.
HLHS affects the heart’s ability to circulate oxygen-rich blood throughout the body. According to medical authorities cited by the Associated Press, treatment requires multiple complex surgeries and, in some cases, additional procedures or a heart transplant later in life.
The diagnosis transformed what had been a private surrogacy arrangement into a highly public legal dispute. West has portrayed her refusal to terminate the pregnancy as a decision to protect the baby, while the intended parents have maintained that their actions have been focused on obtaining appropriate medical care and exercising their rights as the child’s parents.
The case has attracted national attention because it combines questions surrounding surrogacy contracts, parental rights, prenatal medical decisions and the treatment of children born with severe medical conditions.
West’s attorneys have indicated that they intend to continue challenging the court orders. The next court proceedings are expected to further address custody and parental rights as the newborn undergoes treatment in Dallas.
For now, the baby’s immediate medical needs remain a central concern as doctors treat his heart condition and the competing claims over his custody continue through the courts.
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