Ken Paxton secures court order protecting newborn after surrogate refuses parents’ demand for an abortion

A baby with a treatable heart defect was born on Wednesday in Texas after his surrogate refused a request from his intended parents to get an abortion. 

McKenna West, an Alaska nurse who was serving as a surrogate for a California couple, gave birth to the boy, whom she has called Gabriel. The dispute began after doctors discovered at around 20 weeks into the pregnancy that the baby had hypoplastic left heart syndrome, a congenital condition in which the left side of the heart is underdeveloped.

The intended parents, Nausheen Gilkar and Omar Ahmed, had asked West to undergo an abortion following the diagnosis. West, however, refused and decided to continue the pregnancy. She traveled to Dallas, Texas, for “protection” and to ensure the child “could be near doctors experienced in treating his condition,” according to Texas Attorney General Ken Paxton’s office.

West had argued that she should have control over her own medical decisions during the pregnancy. An Alaska court previously ruled that West could make her own decisions, while subsequent proceedings have involved courts in California and Texas.

The dispute escalated after Paxton’s office became involved. The Texas attorney general sought court intervention to ensure that Gabriel would receive medical treatment after birth. 

A Texas court then issued an order requiring lifesaving care for the child after birth. The order also restricted the child from being removed from Texas without authorization and established Gilkar and Ahmed, rather than West, as responsible for medical decisions within the requirements of the order.

Paxton’s office said that physicians had determined that "surgery offers a meaningful chance of survival" for the child. The office also argued that the terms of the surrogacy agreement should not determine whether a newborn receives lifesaving treatment once it is born.

"The question the Court must prepare to answer is not whether a gestational agreement is enforceable," Paxton’s office stated in the court filing. "The question is whether any adult, whatever parental title he or she holds, may decline life-saving surgery for a newborn who can live, because the child will live with disabilities."

In a statement on Tuesday, Paxton said, “Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care.”

According to CBS News, West’s lawyer, Lincoln Wilson Davis, said that the child’s signs were positive other than the heart condition. He also said that due to the court orders, West is not allowed any contact with the child after giving birth, though she does plan to seek custody of the child. It is unclear if the child’s intended parents were present when West gave birth.

Alliance Defending Freedom, which is representing West, applauded the court’s order.

“It’s an honor and privilege to represent McKenna in her courageous stand for Baby Gabriel’s life,” said Alliance Defending Freedom Senior Counsel and Director of the Center for Life Erik Baptist. “Every life matters. No woman should be forced to kill the baby she is carrying, and every child deserves a chance at life. We are thrilled that the court’s order calls for Baby Gabriel to receive the surgery necessary to save his life. And we are so grateful for Texas Attorney General Ken Paxton’s heroic, invaluable efforts to preserve this precious child’s life.”