Parents urge judge to end custody dispute over baby’s heart treatment
The biological parents of a baby born with a serious heart defect have asked a judge to end their legal dispute with surrogate McKenna West, accusing her of continuing a custody case despite saying she would drop it. Their claims, reported by TMZ, include that West is seeking to profit from media attention; courts have already denied her requests to participate in the boy’s treatment.
West gave birth in Texas on 12 August and calls the baby Gabriel, while his parents call him Rumi. The dispute centres on their surrogacy agreement, which included a clause requiring an abortion in the event of an abnormality: the parents say West initially agreed to terminate after the diagnosis, while West has said they pressured her to do so. The baby has hypoplastic left heart syndrome and underwent the Norwood procedure; the condition affects about 925 babies born in the US each year and typically requires a series of surgeries.
- Parents ask a judge to end their dispute with surrogate McKenna West.
- The baby was born in Texas with hypoplastic left heart syndrome.
- The child has undergone the first of three planned heart surgeries.
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Surrogacy is an arrangement in which someone carries and gives birth to a baby for intended parents. Disagreements can arise over medical decisions or the terms of the agreement, and courts may be asked to resolve questions about parental rights and care.
The baby was born to surrogate McKenna West in Texas, and his biological parents are involved in a dispute with her. They use different names for him, and disagree over what their surrogacy agreement required after doctors found a serious heart condition.
Hypoplastic left heart syndrome affects the development of the heart’s left side. Treatment often involves several operations, beginning with the Norwood procedure, so decisions about the baby’s care are central to the dispute.
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The case for
The parents can argue that their surrogacy agreement and decisions about their child’s medical care should be respected, and that continued litigation risks adding strain while he undergoes complex treatment. They also say West had indicated she would drop the custody case and that courts have already refused her requests to take part in his treatment.
The case against
West can argue that the dispute cannot be reduced to enforcing a contract clause: she says the parents pressured her to have an abortion, and her account raises questions about consent and the limits of such agreements. As the person who carried and gave birth to a seriously ill baby, she may also see seeking a role in his life as a matter of concern for his welfare, even though courts have denied her requests to participate in treatment.
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Originally published by Daily Mail as “Biological parents of baby born with heart defect ask judge to end legal battle with surrogate McKenna West”.