Legal Battle Over Alaskan Surrogate’s Decision Against Abortion

In a complex case involving surrogacy and medical ethics, an Alaskan surrogate is in a legal conflict with a Californian couple who requested an abortion due to a medical diagnosis. McKenna West, an Alaskan nurse and single parent of two, sought legal assistance in Texas. She became a surrogate through Worldwide Surrogacy Specialists to financially support her family, as court documents indicate.

Matched with Californian couple Nausheen Gilkar and Omar Ahmed, West became pregnant with “Baby Gabriel” in December 2025. A severe heart defect, hypoplastic left heart syndrome (HLHS), was identified during a 20-week anatomy scan in April.

Understanding Hypoplastic Left Heart Syndrome

HLHS is a congenital heart defect that disrupts normal blood flow due to improper formation of the heart’s left side during pregnancy. Though treatable, it demands immediate surgical intervention after birth. Untreated cases lead to breathing difficulties, rapid heartbeat, weak pulse, and skin discoloration, appearing within days of birth.

The CDC outlines a series of surgeries necessary for children with HLHS to enable effective blood circulation:

• Norwood Procedure: Within two weeks of birth, this operation constructs a new aorta connected to the right ventricle, allowing blood flow to the body and lungs. Oxygen-rich and poor blood mixing may cause a bluish skin tone.
• Bi-directional Glenn Shunt Procedure: Conducted at 4-6 months, it connects the pulmonary artery to the superior vena cava.
• Fontan Procedure: Performed between 18 months and 3 years, this surgery links the pulmonary artery to the heart’s inferior vena cava, completing blood rerouting to the lungs, which typically corrects skin discoloration.

Although these surgeries improve blood flow, there is no cure. Children may face lifelong complications and require consistent heart monitoring. Those with weakened hearts might need transplants and ongoing medication. Annually, approximately 925 US infants are diagnosed with HLHS, influenced by genetic and other risk factors.

Legal Developments Following HLHS Diagnosis

After the diagnosis, the California couple requested an abortion, citing their surrogacy agreement’s “abortion-upon-demand clause.” Alaska doctors declined due to the procedure’s risks, prompting the couple to suggest Seattle for the abortion.

West refused, emphasizing HLHS’s treatability, and proposed her brother could adopt the baby. The couple threatened legal action for $250,000 to compel abortion, further complicating the situation. They sought parentage rights in California, an action contested by West, as contract stipulations required disputes to be addressed in Alaska.

The legal struggle now spans Alaska Superior Court, California Second District Court of Appeal, and a Dallas District Court. West moved to Texas, filing for custody to ensure medical care post-birth. Texas law identifies the birth mother as the legal parent.

The biological parents insisted on California as the delivery location, withholding clarity on planned HLHS treatment. They maintained the case was misrepresented, focusing solely on abortion and autonomy, to the detriment of parental rights.

The Alaska Superior Court ceded birth jurisdiction to California. Anticipating early September delivery, West’s legal support campaign surpassed $40,000.

Texas Legal Intervention

Texas Attorney General Ken Paxton, a known Trump associate and Senate candidate, announced an emergency order aiding West. This order deters denial of care or relocation pending legal proceedings. Emphasizing the child’s right to necessary medical care, Paxton vowed comprehensive legal recourse against obstructive actions, pressing for commitment from UT Southwestern and Children’s Medical Center Dallas to care for the newborn.

Newsweek has sought comments from the involved parties, including Attorney General Ken Paxton’s office.