Baby born after surrogate refused biological parents’ abortion request is now in their custody
The biological parents of the baby boy born to a surrogate who went against their wishes and refused to have an abortion now have custody of the child, their lawyer has said.
Surrogate McKenna West gave birth to the boy, who she has named Gabriel, in Dallas on Wednesday (12 August), her lawyer Lincoln Wilson told The Dallas Morning News.
West is currently embroiled in a legal battle with the baby’s biological parents, Nausheen Gilkar and Omar Ahmed, who allegedly asked her to have a termination after a scan revealed that the baby would be born with a severe but treatable heart condition.
However, rather than go ahead with the abortion, West left her home in Alaska, headed to Texas and 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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The couple’s lawyer Lee Budner told CBS News: “Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts. Right now, our clients are continuing to place their baby's health and well-being first, following the advice of the baby's medical team, as they always have and just as any loving parent would."
He continued: "As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theatre by the Texas Attorney General's office and McKenna West.
"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 their beautiful newborn son."
It’s also been reported that the parents have said the little boy is not called Gabriel, despite West referring to him by the name.
Just hours before West gave birth, Texas Attorney General Ken Paxton secured an emergency court order that would ensure Gabriel got ‘life-saving care’.
“The order prevents anyone from withholding or obstructing necessary treatment or removing, discharging, or transferring the child while the court considers the case,” Paxton’s statement reads.
“The hospital and treating physicians must immediately notify the court and all involved parties of the child's birth, initial medical assessment, any refusal of consent to medically indicated treatment, and any request to discharge, transfer, or transport the child.”
Paxton added: "The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves.
"My office utilised every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's well-being.
“Every child in our state deserves to be cared for and protected, and that's exactly what I'll fight for."
However, due to a court order, West is not allowed any contact with the baby after his birth, her lawyer said on Wednesday.
LADbible Group has contacted Nausheen Gilkar and Omar Ahmed’s legal representative for comment.
Claire Reid