Surrogate refuses to abort baby with heart defect, gives birth amid court fight

A surrogate mother in the United States has reportedly given birth to a baby boy with a serious heart condition despite refusing to terminate the pregnancy against the wishes of the intended parents, triggering a legal dispute over the child.

McKenna West, a surrogate from Alaska, was carrying the baby for a California couple when a 20-week scan revealed that the fetus had hypoplastic left heart syndrome (HLHS), a rare condition in which the left side of the heart is underdeveloped.

According to reports, doctors advised that the condition would require the baby to undergo three surgeries after birth.

The surrogacy agreement reportedly contained a clause allowing the intended parents to request termination of the pregnancy if a fetal “anomaly” was detected. However, West refused to terminate the pregnancy and later travelled to Texas.

She was initially expected to give birth on September 2 but delivered the baby boy, whom she named Gabriel, in the Dallas area early Wednesday, according to her attorney, Lincoln Wilson.

The intended parents have since sued West, with the case raising complex legal questions across multiple states. A court hearing had been scheduled for later this month.

West is reportedly not currently permitted to see or care for the baby, although her attorney said she has considered seeking custody if a court rules that she is legally entitled to do so.

The lawyer representing the intended parents, Lee Budner, said their immediate concern was ensuring the newborn receives the medical treatment he needs.

“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.

Texas Attorney General Ken Paxton has also reportedly secured an emergency court order requiring UT Southwestern Medical Center and Children’s Medical Center of Dallas to provide life-saving treatment to Gabriel.

Meanwhile, West’s lawyer has challenged the termination provision in the surrogacy agreement, arguing that the clause is “offensive to state and federal law.”

Before giving birth, West said she believed Gabriel deserved an opportunity to live.

The case is expected to continue through the courts as the parties battle over the surrogate’s rights, the intended parents’ rights and the baby’s care, while Gabriel undergoes specialised treatment for his heart condition.