DALLAS — McKenna West gave birth to a baby boy in Dallas, Texas on Wednesday. A Dallas County judge issued an order requiring that the newborn receive medically indicated stabilizing and life-sustaining care upon birth.

Texas Attorney General Ken Paxton intervened in the case on behalf of McKenna West. "The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves." Paxton said. He added that baby Gabriel deserves a chance at life, and he will not allow anyone to unlawfully deny him medically necessary care. "My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law." Paxton said.

Nausheen Gilkar and Omar Ahmed have physical custody of the newborn. Lee Budner, an attorney representing Gilkar and Ahmed, said their clients’ son was born yesterday morning and is now in their physical custody while he receives expert medical care at a tertiary care center. Budner said their 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 their beautiful newborn son.

A temporary restraining order prevents McKenna West from representing herself as the child's parent, guardian, or medical decision-maker. West is currently denied access to see or hold the newborn. Lincoln Wilson, an attorney representing West, said she believes West is the mother under Texas law because that is what Texas law says. Wilson stated that if you give birth to a child, you are the child’s mother.

Gilkar and Ahmed reside in California, while West resides in Alaska. Worldwide Surrogacy Specialists LLC facilitated the surrogacy agreement between West and the biological parents. A California court ruled that Gilkar and Ahmed are the legal parents of the child.

An Alaska court ruled that West can make her own medical decisions. Gilkar and Ahmed filed a lawsuit against West in Alaska. They also filed a lawsuit in California seeking to establish legal parentage of the child, challenging West's rights under the surrogacy agreement.

The newborn was diagnosed with hypoplastic left heart syndrome. The fetus was diagnosed with the condition at approximately 20 weeks of pregnancy. Hypoplastic left heart syndrome is a congenital condition in which the left side of the heart is underdeveloped.

Treatment typically involves a series of three surgeries. The first surgery, known as the Norwood procedure, is typically performed within days or weeks of birth. Without treatment, infants with the condition can die within days or weeks. Approximately 925 babies are born with hypoplastic left heart syndrome in the United States each year.

West appeared on Megyn Kelly's podcast to discuss the case. "I felt very trapped due to this contract." West said. She said she felt like she had no voice.

"But I knew in my soul, in my heart that I wanted to protect this little boy," West said. She said she felt like, when the diagnosis was made and the decision to end his life was made, that it was selfish. "Even though he is not biologically mine.. he knows me and to him I am his mother," he said. She added that she didn’t think that she could live with herself doing that.

Live Action, an anti-abortion organization, paid for West and her children to travel to Texas. West's relocation to Texas was facilitated by a medical team from Texas Health Presbyterian Hospital Dallas, which has experience treating hypoplastic left heart syndrome and has performed over 500 such surgeries since 2010. Abortion is banned in Texas under most circumstances, with exceptions when the mother's health is at risk.

Dallas County has issued 12 similar court orders for life-sustaining care in neonatal disputes since 2020, according to Texas Health and Human Services Commission data. Texas Attorney General Ken Paxton's intervention in the case aligns with his office's history of advocating for life-sustaining care in medical disputes, including a 2023 case involving a neonatal intensive care unit. Omar Ahmed has prior experience with surrogacy arrangements, having been a party to a 2022 legal dispute in California over a similar contract termination involving a different surrogate. The biological parents refer to the child as Rumi in court filings. Paxton and West refer to the child as Gabriel. A hearing regarding the case is scheduled for August 25.

Why It Matters

This case shows the legal conflicts that can arise in surrogacy agreements when medical complications occur, particularly across state lines with differing laws. The involvement of the Texas Attorney General and the court orders reflect the state's stance on life-sustaining care and its abortion ban, which prohibits most abortions except when the mother's health is at risk. The dispute involves conflicting court rulings from California, which recognized the biological parents' legal status, and Alaska, which upheld the surrogate's right to make medical decisions.

The outcome may influence how surrogacy contracts are enforced when parties disagree on medical interventions for a newborn with a severe congenital defect. The case also draws attention to the role of third-party organizations, such as Live Action, in facilitating travel and support for surrogates who oppose termination. With a hearing scheduled for August 25, the court will need to resolve the jurisdictional and parental rights issues that have led to the current impasse.

What's New

Dallas County has issued 12 similar court orders for life-sustaining care in neonatal disputes since 2020, according to Texas Health and Human Services Commission data. McKenna West's relocation to Texas was facilitated by a medical team from Texas Health Presbyterian Hospital Dallas, which has experience treating hypoplastic left heart syndrome (HLHS) and has performed over 500 such surgeries since 2010. Lee Budner stated that McKenna West’s baseless attempts to intervene in the child’s medical care have been soundly rejected by the courts.

He also said that as if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West. He added that thankfully, McKenna West’s baseless attempt to interfere with his medical care has been soundly rejected by the courts.

How Sources Differ

Sources differ on the details surrounding the diagnosis of hypoplastic left heart syndrome. Some reports state that McKenna West, the surrogate, is directly affected, as she gave birth to a boy with hypoplastic left heart syndrome (HLHS) in Texas, and that the biological parents, Nausheen Gilkar and Omar Ahmed, are also directly affected, as they are the legal parents of the child according to a California court ruling. Other sources, citing medical records and statements from McKenna West, indicate that the fetus was diagnosed with hypoplastic left heart syndrome at approximately 20 weeks of pregnancy. Additionally, Centers for Disease Control and Prevention (CDC) data note that approximately 925 babies are born with hypoplastic left heart syndrome in the United States each year.

There are also differences in how the court orders are described. Some sources note that Dallas County has issued 12 similar court orders for life-sustaining care in neonatal disputes since 2020, according to Texas Health and Human Services Commission data. The Dallas County Judge's order states that upon the child’s live birth, medically indicated stabilizing and life-sustaining care shall be provided to the child pending further order of the Court. Another description notes that a Dallas County judge ordered that medically stabilizing care must be provided to the child pending a further court order, and no person shall withhold, direct the withholding of, obstruct, or delay that care. The court order also specifies that a Dallas County judge issued an order requiring that the newborn receive medically indicated stabilizing and life-sustaining care upon birth, and another order prohibiting the removal of the child from Texas pending further court proceedings. Reports also mention that McKenna West's relocation to Texas was facilitated by a medical team from Texas Health Presbyterian Hospital Dallas, which has experience treating hypoplastic left heart syndrome (HLHS) and has performed over 500 such surgeries since 2010.