An Alaska surrogate has given birth to a baby with a serious congenital heart condition after a dispute with the couple who hired her escalated into legal proceedings in California, Alaska and Texas.
McKenna West gave birth Wednesday, Aug. 12, to a baby boy she named Gabriel, according to information provided by PEOPLE and court filings. West was carrying the child for Nausheen Gilkar and Ohmar Ahmed under a surrogacy agreement that, according to an Alaska filing, called for Alaska law to govern the contract and for legal proceedings to take place in Alaska.
The baby was diagnosed at about 20 weeks of pregnancy with hypoplastic left heart syndrome, a congenital condition in which the left side of the heart does not fully develop.
The medical diagnosis became the central issue in the dispute between West and the intended parents.
Disagreement Over the Pregnancy
According to a July statement of interest filed by the State of Alaska, West declined a request from Gilkar and Ahmed to terminate the pregnancy after the baby’s diagnosis.
West subsequently moved to Texas, where she chose a hospital for prenatal care, delivery and postpartum recovery, according to the filing.
The intended parents later filed a lawsuit in California seeking to establish parentage, the Alaska filing says. They also sought an order requiring West to return to California for prenatal care, labor and delivery.
The legal dispute therefore crossed state lines, with the surrogacy contract pointing to Alaska law while litigation and medical decisions became matters before courts in other states.
Texas Officials Seek to Protect the Baby’s Medical Care
As the birth approached, the Texas attorney general’s office became involved, saying the baby would require surgery shortly after birth.
The office alleged that the intended parents had not agreed to consent to the surgery and could seek to have the baby removed from Texas.
A Texas court subsequently issued an emergency order requiring lifesaving medical treatment after the baby’s birth.
The order prohibits anyone from withholding or obstructing medically necessary treatment. It also bars the child from being removed, discharged or transferred while the case remains pending.
The order does not restrict West’s ability to make medical decisions concerning her own health.
Baby Is Born as Legal Questions Continue
West gave birth Wednesday, Aug. 12, according to the information provided.
Gilkar and Ahmed traveled to Texas following the birth, the Texas Tribune reported. The couple disputes the name Gabriel for the child, according to the newspaper.
The birth does not appear to have resolved the broader dispute over parental rights, custody and the obligations created by the surrogacy agreement.
The case also raises complicated questions about how surrogacy agreements interact with state laws when the surrogate, intended parents and medical providers are located in different states.
Why the Case Matters
Surrogacy arrangements can involve contracts governing parental rights, medical decisions and the responsibilities of intended parents and surrogates. When disagreements arise during pregnancy, those contractual questions can intersect with state family law and a pregnant person’s rights over her own medical care.
In this case, the disagreement became especially urgent because the baby had been diagnosed before birth with a serious heart condition requiring treatment after delivery.
The Texas emergency order specifically distinguishes between protecting the newborn’s medical treatment and decisions concerning West’s own health.
What Happens Next
The legal proceedings are continuing, and questions surrounding the baby’s medical care, parentage and custody remain unresolved based on the information provided.
The Texas court’s emergency order remains in effect while the case is pending.
The precise long-term medical condition of the baby, including the outcome of any surgery or subsequent treatment, was not provided in the source material and has not been independently confirmed here.
This is a developing story and may be updated as more information becomes available.
