Surrogate Mother’s Legal Battle for Baby’s Medical Care

The surrogate mother who resisted an abortion request after the child she carried was identified with a notable heart defect continues her legal battle. The newborn underwent vital heart surgery just days after being separated from her a minute after birth.

McKenna West, an Alaskan mother and cardiac nurse who carried the infant, stated she is committed to fighting for the child after being separated just moments post-birth on August 12.

“I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy,” West expressed in a New York Post piece Thursday. “The only glimpse I got of him was during a short 60 seconds while his umbilical cord was still connected. He was taken away once the cord was cut.”

West agreed last year to become a surrogate for Omar Ahmed and Nausheen Gilkar from California, who intended to be the baby’s parents. After learning the baby had hypoplastic left heart syndrome (HLHS) at about 20 weeks, Ahmed and Gilkar suggested termination, but West refused. She moved to Texas for the birth.

An attorney for Ahmed and Gilkar, Lee Budner, disputes West’s account and asserts they agreed to the child’s surgery immediately upon doctor’s recommendations.

The baby, known as Rumi to his biological parents, underwent the Norwood procedure on August 17, a common surgery for HLHS in newborns. Budner stated the child’s condition is critical but complex, with the medical team providing ongoing care.

Budner accused West of continuing to file unfounded custody claims against court orders in Alaska and California. “We look forward to quickly defeating those claims as Rumi’s parents focus on his health and safety above all else.”

West, supported by Alliance Defending Freedom, insists she’s not attempting to take another’s baby. Instead, she aims to advocate for the child’s necessary medical treatment for his delicate heart.

“I’m not fighting to try to take someone else’s baby,” West wrote on Thursday. “I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him for his ongoing treatment.”

Lila Rose, founder and president of Live Action, supporting West, indicated that West seeks custody to ensure Gabriel, as they refer to the child, receives protection. “He deserves to remain protected and receive every chance to heal and live,” Rose mentioned.

Rose questioned the biological parents’ version, suggesting a Texas court mandated the surgery be performed, revealing a lack of initial consent. This intervention ensured the crucial surgery occurred.

Attorney General Ken Paxton of Texas intervened, notifying medical centers of their legal duty to provide necessary care to the newborn.

The Norwood procedure is the initial stage in a surgical series addressing HLHS. Future medical decisions remain a central issue in the ongoing dispute over the child’s health care.

Despite the challenges, West remains resolved. “My plea, my only goal, is simple: Let’s commit to giving this baby the full treatment he needs to live,” she urged.