An Alaskan surrogate, McKenna West, is engaged in a legal battle with a couple from California. They asked her to terminate her pregnancy after a heart defect was found in the unborn child.
Surrogate’s Background
West, a nurse and single mother of two, joined the Worldwide Surrogacy Specialists agency to supplement her income while maintaining time with her children. She was matched with Nausheen Gilkar and Omar Ahmed, a couple from California, and became pregnant with “Baby Gabriel” in December 2025.
During a 20-week anatomy scan, the baby was diagnosed with hypoplastic left heart syndrome (HLHS), a severe heart defect.
About Hypoplastic Left Heart Syndrome
HLHS is a congenital heart defect impeding normal blood flow through the heart. The left side of the heart does not develop properly, making immediate surgery after birth necessary. If untreated, symptoms include breathing problems, fast heart rate, weak pulse, and an unusual skin color.
The Centers for Disease Control and Prevention (CDC) outlines surgeries needed for HLHS:
- Norwood Procedure: Performed within two weeks of birth, this challenging surgery connects the new aorta to the right ventricle.
- Bi-directional Glenn Shunt Procedure: Conducted at 4-6 months old, this surgery connects the pulmonary artery to the superior vena cava.
- Fontan Procedure: At 18 months to 3 years, this operation connects the pulmonary artery to the inferior vena cava.
Although these surgeries help, they are not cures. Lifelong medical supervision is necessary.
Each year, approximately 925 babies in the U.S. are born with HLHS, according to the CDC.
Legal Complications
After the diagnosis, the Californian couple invoked an “abortion-upon-demand clause” in the surrogacy agreement, which West contested. Alaska doctors refused the late-term abortion, prompting the couple to suggest traveling to Seattle. West declined, asserting that HLHS is treatable and offering her brother as an adoptive parent.
Legal conflicts arose when the couple threatened a $250,000 lawsuit unless West proceeded with the abortion. They filed for parentage in California, which West claims violates the surrogacy contract specifying Alaska jurisdiction.
A legal tug-of-war is ongoing among courts in Alaska, California, and Texas. West moved to Texas, seeking custody for “Baby Gabriel” and ensuring surgery would occur post-birth. Texas law recognizes the birthing mother as legal in such disputes.
The couple demands West give birth in California but hasn’t confirmed plans for HLHS treatment.
Support and Legal Action in Texas
“Baby Gabriel” is expected in early September. A crowdfunding campaign exceeded its $40,000 goal to aid West’s legal expenses.
Texas Attorney General Ken Paxton intervened, securing an order to prevent denying necessary medical care or removing the baby from Texas during ongoing litigation. He pledged to use every resource for “Baby Gabriel’s” welfare.
Paxton requested that UT Southwestern and Children’s Medical Center Dallas provide care after the child’s birth.
Newsweek sought comments from involved parties, including Paxton’s office.