Surrogate refuses abortion request, gives birth in Texas

Surrogate mother McKenna West gave birth to a baby she named Gabriel on Wednesday morning, amid multiple lawsuits across California, Alaska and Texas.

The baby’s biological parents, Californians Nausheen Gilkar and Omar Ahmed, asked West to receive an abortion after doctors diagnosed him with a congenital heart condition at 20 weeks.

Of the babies diagnosed with the condition, hypoplastic left heart syndrome (HLHS), 75% to 90% recover to be discharged from the hospital, and Cincinnati’s Children Hospital reports that about 60% live to the age of six.

A 2021 study of HLHS diagnoses from England and Wales shows survival rates dropping as patients age. Survival estimates were 54.6% at age 10 and 32.6% at age 15. However, current scientific expectations are that 70% of newborns today may reach adulthood, and “normal lifespan” after that is uncharted territory, because the early heart procedures are so new.

The brain function of HLHS diagnoses varies significantly between individuals and is largely due to altered blood flow and oxygen delivery in the womb.

Biological parents ask for an abortion

West is a nurse and a single mother of two from Alaska. She signed on with the Connecticut-based Worldwide Surrogacy Specialists last September to make ends meet.

She became pregnant through IVF last September. “I thought (being a surrogate) would be a really awesome way to make extra income for my family, not have to take extra time away from my kids, and get to provide a family the amazing gift of having a child. I felt it would be a rewarding route to take,” West told Live Action News.

However, in the second trimester of her pregnancy, she learned that the baby she was carrying had HLHS, then the baby’s biological parents asked her to get an abortion.

In an interview with pro life activist Lila Rose, 28-year-old West explained how she decided to disobey her surrogacy contract, which required her to terminate the pregnancy at the biological parents’ request.

As she was struggling with what to do, West’s brother called her.

“He did not want me to have to go through with the procedure. He knew how I felt about it and how scared I was. He told me that he had talked to his wife and said they would adopt this baby if it meant a way out for me,” West said.

She continued, “He just let me know how much he loved me. Whatever I chose, he was there for me. But that just gave me so much courage and so much hope — a way out. I didn’t have to do this.”

It was a “pivotal conversation,” West said.

“Nothing was scarier than questioning my own soul and knowing what would happen to this baby boy,” West said. “His life doesn’t have a price tag on it, and there’s nothing that they could try or do to come after me that would be worth his life.”

West flies to Texas to give birth

With the help of several pro life activists, West flew to Dallas, Texas, to give birth.

On Tuesday, the day before the baby was born, Texas Attorney General Ken Paxton issued an emergency court order barring the baby from being taken out of state and requesting hospitals in the area to give him “life-saving” care when he was born.

“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.

Lee Budner, a lawyer for Ahmed and Gilkar, announced after West gave birth on Wednesday that the baby was receiving medical care. Typically, HLHS diagnoses receive either three separate surgeries before the age of four or a heart transplant.

Ahmed and Gilkar have sued West for not aborting the baby. They are seeking $250,000 to cover money paid to West for being a surrogate and any additional damages they claim to have suffered.

Meanwhile, West has filed for custody of the baby through an Alaskan court.