Texas Surrogate Gives Birth to Baby at Center of Legal Fight
A baby with a rare heart defect was born in Texas a day after the state's attorney general intervened to secure him lifesaving care.
A baby with a rare heart defect was born to a surrogate in Texas on Wednesday, one day after state Attorney General Ken Paxton intervened in the case to ensure the child received lifesaving medical care after birth, according to organizations representing surrogate McKenna West and her lawyer.
West, of Alaska, was about 20 weeks pregnant when the baby was diagnosed with hypoplastic left heart syndrome, a rare and serious congenital condition in which the left side of the heart is underdeveloped, Paxton's office said. The intended parents, identified in court documents as Nausheen Gilkar and Omar Ahmed of California, asked West to have an abortion after learning of the diagnosis, according to Paxton's office. West refused and traveled to Dallas County "for protection" and to be near doctors experienced in treating the condition, the office said.
"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 the anti-abortion rights group Live Action.
Children with the condition typically need three surgeries, the first within two weeks of birth, according to the Cleveland Clinic. West's lawyer, Lincoln Davis Wilson, confirmed the birth Wednesday, and Lee Budner, an attorney for Gilkar and Ahmed, said Thursday the child is now in their custody receiving care at a tertiary care center.
Budner said the parents are "devastated to see their family tragedy transformed into political theater" by Paxton's office and West. A Texas court order requires lifesaving care for the baby and gives medical decision-making authority to Gilkar and Ahmed, not West, who has been barred from contact with the child. Wilson said West plans to continue seeking custody.
Gilkar and Ahmed had earlier asked a California court to order West to give birth there; an Alaska court had ruled West could make her own medical decisions. Paxton's office argued the gestational agreement should not govern the baby's care, saying Texas law protects any child born in the state. Gov. Greg Abbott said the state's Department of Family and Protective Services will monitor the case.
Gilkar and Ahmed have not spoken publicly. All parties are due back in court August 25.
This article was produced with the assistance of artificial intelligence (AI), in accordance with our editorial policy.
