Intended parents take custody after surrogate continues pregnancy
Developed over time first seen 2 weeks ago
A newborn boy with hypoplastic left heart syndrome, a life-threatening congenital condition, was born in Dallas after an interstate surrogacy dispute involving McKenna West, the Alaska-based surrogate, and the intended parents, California couple Nausheen Gilkar and Omar Ahmed. West’s lawyers say the couple pressed her to terminate the pregnancy after the diagnosis at 20 weeks; the parents say that they made a difficult decision after medical consultation and deny intending to deny the child needed treatment. West travelled to Texas before the birth, where abortion is heavily restricted, and sought authority to secure treatment for the baby.
Texas attorney general Ken Paxton intervened shortly before the birth, and a Dallas court ordered that the infant receive necessary life-sustaining care and remain in Texas pending further proceedings. However, the intended parents obtained physical custody and a restraining order preventing West from seeing or making decisions for the baby. Their lawyer said they were following the medical team’s advice and prioritising their son’s wellbeing, while West’s legal team maintained that Texas law gives a woman who gives birth there a basis to challenge parentage. The case has highlighted conflicts between surrogacy agreements, differing state parentage rules and decisions about intensive treatment for seriously ill newborns.
- The intended parents have physical custody of the newborn.
- The surrogate alleges pressure to terminate the pregnancy; the parents dispute key allegations.
- A Texas court required life-sustaining care while the legal dispute continues.
New here? Start with this
Surrogacy is an arrangement in which a woman carries and gives birth to a baby for people who plan to become the child’s parents. The intended parents may be genetically related to the baby, but this is not always the case, and the legal rules vary widely between countries and regions.
Pregnancy decisions, including tests, treatment and whether to continue a pregnancy, can become difficult when a serious health condition is found before birth. A fetal heart defect describes a problem with the structure or function of the heart that develops during pregnancy; its effects can range from minor to life-threatening.
Such cases can involve separate questions about medical consent, parental responsibility and custody after birth. They also highlight the difference between an intended parent’s hopes or agreements with a surrogate and the pregnant person’s ability to make decisions about her own medical care.
Both sides, in good faith
The strongest fair case each way — we don't pick a winner.
The case for
Supporters of the biological parents’ position may argue that intended parents should retain meaningful decision-making authority over a pregnancy they initiated, particularly where prenatal testing identifies a serious heart defect that could mean pain, intensive treatment and lifelong care for the child. They may see abortion as a difficult but compassionate option and contend that surrogacy agreements need clear, enforceable expectations so that all parties understand how major medical decisions will be handled.
The case against
Supporters of the surrogate’s position may argue that no contract or parental intention can override the pregnant person’s bodily autonomy, including the decision whether to continue a pregnancy after an adverse diagnosis. They may regard pressure to abort as especially troubling because the surrogate bears the physical and emotional consequences of the procedure, and argue that a child’s disability or medical condition should not diminish their claim to be born and treated with dignity.
More coverage
- Fox News — Surrogate gives birth in Texas to baby with heart defect after parents requested abortion
- Associated Press — What to know about a surrogacy dispute between a California couple, their surrogate and Texas courts
- ABC News — Baby with a serious heart defect was born amid a legal battle between the surrogate and parents. What to know
- The Guardian — Baby with heart defect at center of US surrogacy dispute handed to parents
Read the full article at the source →
Originally published by Daily Mail as “Parents now have custody of baby born to surrogate who refused their demand to abort after fetus was found to have heart defect”.