Surrogate Gives Birth in Texas as Legal Battle Over Newborn’s Care Intensifies
DALLAS — A surrogate in Texas gave birth Wednesday to the boy at the center of a multi-state legal battle, one day after Texas Attorney General Ken Paxton intervened to ensure that the child received lifesaving medical care after birth, according to Paxton’s office and the surrogate’s lawyer.
The boy, identified as Gabriel in a news release from Paxton’s office, was born to McKenna West, an Alaska woman who was about 20 weeks pregnant when the baby was diagnosed with hypoplastic left heart syndrome, a rare congenital condition in which the left side of the heart is underdeveloped.
West traveled to Dallas County, Texas, “for protection,” the attorney general’s office said, and to be near doctors experienced in treating the condition. The intended parents, Nausheen Gilkar and Omar Ahmed of California, had asked West to end the pregnancy after learning of the diagnosis, according to Paxton’s office. West refused.
“It was scary to think that something might be wrong, and that I may be the one that's not able to make a decision about the treatment,” West told Live Action, an anti-abortion group, during the pregnancy.
Hypoplastic left heart syndrome typically requires three surgeries, the first within two weeks of birth, the second at 4 to 6 months and the third between 18 months and 5 years, according to the Cleveland Clinic. The condition is rare and can cause lifelong complications.
The birth was confirmed by West’s lawyer, Lincoln Davis Wilson, and Jacqueline Ribiero, a media relations manager for the anti-abortion advocacy group Alliance Defending Freedom, which is managing communications for West’s lawyer. Wilson said that so far, outside of the known heart condition, signs were positive. He said he was unable to say where the child is now or exactly who is caring for him, citing a court order.
A Texas court order requires that lifesaving care be provided once Gabriel was born. The same order says Ahmed and Gilkar, not West, are responsible for medical decisions within the requirements of the court order. Wilson said West was not allowed any contact with the child after the birth, but plans to continue fighting for custody. An Alaska court previously ruled that West can make her own medical decisions.
The intended parents had previously asked a California court to order West to give birth in that state. It was not clear whether they were present in Dallas when the baby was born or what care was provided immediately afterward. An attorney for Gilkar and Ahmed did not respond to a request for comment.
Paxton’s office said the baby’s treating physicians determined that surgery would offer a meaningful chance of survival, although the child will live with significant lifelong disabilities. Wilson said arrangements were being made for the surgery.
In a court filing, Paxton’s office framed the dispute around whether any adult could refuse surgery for a newborn with disabilities. “The question the Court must prepare to answer is not whether a gestational agreement is enforceable,” the filing said. “The question is whether any adult, whatever parental title he or she holds, may decline life-saving surgery for a newborn who can live, because the child will live with disabilities.”
Paxton also sent letters to UT Southwestern and Children’s Medical Center of Dallas asking them to provide care and prevent Gabriel from being taken out of state. The hospitals did not respond to a request for comment. The court order appoints a guardian ad litem for Gabriel and requires the hospital to notify the court and the parties of his condition. If treatment is refused, the court will convene an emergency hearing.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said Tuesday. Texas Gov. Greg Abbott said state law protects every child born in Texas, and the Department of Family and Protective Services will monitor the case.
In a statement, Abbott said: “Our laws protect every child born in Texas and guarantee their right to life. The Department of Family and Protective Services holds authority under Texas law to protect children from medical neglect. DFPS will be closely monitoring this case and will take any action necessary to safeguard those rights.”
West, Gilkar and Ahmed were scheduled to appear in court again on Aug. 25. It is not clear whether the birth will move that hearing earlier.
Worldwide Surrogacy Specialists LLC, the agency that connected West with the intended parents, said in a statement that it supports the rights of both surrogates and intended parents. The agency said the matter should have been referred to mediation “where all parties would have been urged to consider the best interests of the child who will face severe hardship upon his birth, and to reach a settlement so that upon his birth, the child would be surrounded by love, not lawyers and litigation.”
The case has become a flashpoint in the overlapping debates over surrogacy, abortion and disability rights. It also tests what happens when a private agreement between a surrogate and intended parents collides with a state’s post-birth protections for children. In Texas, Paxton’s intervention means the focus has shifted from who controls the pregnancy to who can decide whether a newborn receives aggressive, life-sustaining treatment. The guardian ad litem’s findings and the next court hearing are likely to determine whether that question gets answered in the coming weeks.