Surrogate mum who gave birth after refusing abortion will fight to become legal parent in Supreme Court
The surrogate who is locked in a legal battle after refusing to abort the baby she was carrying has vowed to take her fight to the US Supreme Court.
McKenna West's attorney has revealed that she plans to take her battle to the very top of the judicial system if necessary, just days after the tot at the centre of the dispute was born.
The nurse, from Alaska, gave birth to a boy who she named Gabriel on Wednesday (12 August) in Dallas, Texas - and she intends to battle his biological parents in court over custody.
West was hired as a surrogate by California couple Nausheen Gilkar and Omar Ahmed, who are alleged to have asked her to terminate the pregnancy after it was discovered that the baby had a heart defect.
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A scan revealed that the little boy has hypoplastic left heart syndrome (HLHS), which is a severe but treatable condition.
According to the British Hearth Foundation, this occurs when the left side of your heart does not develop properly. Although there is no cure, treatment is available which improves the rate of blood flow and symptoms.
West travelled to Texas - where abortion is illegal - and delivered Gabriel, who was promptly whisked away by medics to undergo emergency surgery due to him having HLHS.
After he was welcomed into the world, Gilkar and Ahmed were granted a temporary restraining order against West, which strips her of any legal authority over Gabriel.
Reports claim that this means she is not recognised as a parent and does not have any say in his care, including when it comes to medical decisions.
However, West's lawyer Lincoln Wilson has declared that 'she is the mother' because of where the baby was born, while also revealing they intend to convince a court of the same thing.
'She is the mother under Texas law'
He reckons the current court order against his client, which was granted in California, is 'void' and believes the surrogate will be able to obtain custody if this is thrown out.
Speaking to the New York Post, Wilson said: "She is seeking parentage of the child because she gave birth in Texas, and in Texas, if you give birth to a child, it’s your child.
"We think that once that California judgment is removed…that basically she is the mother under Texas law.
"We are taking that challenge up through the California courts, and we’ll take it up to the US Supreme Court if we have to."
Wilson also said that Gabriel was 'in good hands' and will undergo three surgeries due to his HLHS diagnosis.
It is claimed that West was unable to see or hold him due to the court order, which will reportedly remain in place until at least 25 August.
Earlier this week, Texas attorney general Ken Paxton intervened in the controversy to ensure that Gabriel would be provided 'life-saving' care after entering the world.
In a news release, he said: "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 utilized 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."
What the biological parents have said
Ahmed and Gilkar are said to have chosen a different name for the baby.
The couple's lawyer, Lee Budner, told CBS News earlier this week: "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."
"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."
Olivia Burke