DALLAS – A California couple’s surrogate who fled to Texas after alleging the parents pressured her to get an abortion gave birth Wednesday, a day after a Dallas judge ordered life-sustaining care for the baby.
The infant, who was diagnosed in utero with a severe heart defect, is currently receiving stabilizing treatment and is scheduled for surgery as a high-profile legal battle unfolds between the California parents, the surrogate, and Texas officials.
What we know:
McKenna West, the surrogate, was carrying the child for California residents Omar Ahmed and Nausheen Gilkar.
At 20 weeks, the fetus was diagnosed with hypoplastic left heart syndrome (HLHS)—a critical condition where the left side of the heart fails to develop, severely restricting blood flow.
West moved to Texas after alleging the California couple spent weeks pressuring her to terminate the pregnancy.
Republican Texas Attorney General Ken Paxton later intervened on West's behalf, prompting a Dallas judge to order life-sustaining medical care for the child upon birth.
Following the delivery, West was barred from holding or seeing the infant due to a temporary restraining order secured by the California parents.
Court filings reveal a California court previously ruled West holds no legal or physical custody rights to the child under their surrogacy contract.
What we don't know:
It's uncertain whether Texas doctors will determine whether the baby is a viable candidate for complex open-heart surgery, or how many procedures may be required.
It's also unclear how courts will resolve the legal clash between California’s custody determinations and Texas’s emergency interventions regarding life-sustaining medical care.
What they're saying:
"She has taken on great personal risk to herself," said Lincoln Davis Wilson, attorney for West.
Lee Budner, attorney for the California couple, said in a statement to The Texas Tribune, "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 also accused West and Texas officials of turning a private family tragedy into "political theater."
What's next:
The baby remains under medical care at a Texas facility as doctors evaluate options for open-heart surgery.
Meanwhile, the legal conflict between the California couple's parental rights and Texas court mandates regarding the child's care will continue to play out in court.
This story was reported from Los Angeles.
The Source: This report relies on court filings in Texas, direct statements provided to The Texas Tribune, medical data from the Centers for Disease Control and Prevention, and on-the-ground reporting by journalists Wilder and Vertuno in Austin, Texas. Additional expert commentary on surrogacy and reproductive law was provided by University of Texas School of Law professor Rachel Rebouché, along with statements from legal representatives for both the surrogate and the California parents. The Associated Press contributed.