Surrogate mother who refused biological parents' request for abortion does not have access to child
The legal battle between a surrogate mother and the biological parents of a baby boy has taken another twist after he was born earlier this week.
Surrogate McKenna West gave birth to the boy, who she has called Gabriel, on Wednesday (12 August) morning in Dallas, her lawyer Lincoln Wilson, told The Dallas Morning News.
She faces an intense legal battle with the parents, who are alleged to have demanded an abortion after a scan revealed that the baby would be born with a rare condition.
Instead, West fled to Texas where abortion is illegal and she gave birth two weeks ahead of schedule on Wednesday, with the baby immediately taken in for emergency surgery on his hypoplastic left heart syndrome (HLHS).
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West has filed to become the legal mother of the child and has hope since in Texas, the law recognises anyone who gives birth as the legal mother of that child.
Although the parents had previously been unnamed, it seems as if they have now been named as Nausheen Gilkar and Omar Ahmed, who are said to be in the hospital with the baby, who they claim hasn't been called Gabriel, despite West and Texas Attorney General Ken Paxton referring to him as so.
Speaking for his clients, Gilkar and Ahmed, Lee Budner told The Texas Tribune: “Our clients’ child was born earlier this morning and he is now receiving medical care provided by a team of paediatric experts. McKenna West’s baseless attempts to intervene in the child’s medical care have been soundly rejected by the courts.
“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."
West has previously spoken to Live Action about her shock when an abortion clause was seemingly included in her contract with the parents, and they have seemingly withdrawn all of their funds and are suing after she had the baby against their wishes.
“She described it as fear because basically she was going to be asked to do something to the child that she carried that was fundamentally offensive to her, and she couldn’t imagine ending the life of the child that she carried inside her,” attorney Lincoln Wilson said.
On Tuesday, a judge declared that the baby be given the life-saving treatment in Texas however in a separate order, he also granted the biological parents’ request that prevents West from making any medical decision for the child and representing herself as the child’s mother, reinforcing the couple’s rights as the parents.
“After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy,” a filing from the parents’ attorneys reads. “It is undisputed that West initially agreed and that she herself made the initial appointment. She then unilaterally changed her mind, cut off all contact with A.B. and C.D., and withdrew medical releases allowing A.B. and C.D. to have contact with all medical providers.”
Despite the California rulings and the Dallas judge’s Tuesday ruling, West's attorney still argues that his client 'is lawfully the parent because she gave birth to this child that she carries in Texas, then she should control custody as well'.
James Moorhouse