Surrogate refuses to abort viable fetus

A surrogate mother at the center of a heated legal and ethical battle has delivered the baby she refused to abort, despite the wishes of the child’s biological parents.

McKenna West, a single mother of two, gave birth early Wednesday in the Dallas area to a boy she named Gabriel. The baby had been diagnosed in utero with hypoplastic left heart syndrome (HLHS), a severe but treatable congenital heart defect. West had originally been due Sept. 2, her attorney Lincoln Wilson told The Dallas Morning News.

Under the surrogacy contract, the biological parents reserved the right to terminate the pregnancy if an “anomaly” was discovered. After Gabriel’s diagnosis at 20 weeks, the couple requested an abortion. West refused, instead relocating to Texas, where state law recognizes her as the birth mother.

Gabriel is now receiving intensive, life‑saving care at Dallas hospitals under an emergency court order obtained by Texas Attorney General Ken Paxton. The order requires two facilities to provide critical treatment, including at least one surgery, to prevent the baby from being moved out of state. Newborns with HLHS typically need surgery almost immediately to survive beyond the first week of life.

Despite carrying and delivering Gabriel, West is currently barred by a separate court order from seeing or holding him. Her attorney says she would consider taking custody if the courts allow it, and her legal team is challenging the termination clause in the surrogacy agreement as incompatible with state and federal law.

“The law doesn’t permitMcKenna West, the Texas surrogate at the center of a heated legal and ethical battle over abortion and parental rights, has given birth to the baby she refused to abort at the request of his biological parents.

West’s attorney, Lincoln Wilson, confirmed to The Dallas Morning News that she delivered the baby—whom she named Gabriel—early Wednesday in the Dallas area. Gabriel was originally due Sept. 2.

Doctors diagnosed Gabriel in utero with hypoplastic left heart syndrome (HLHS), a serious but treatable congenital heart defect. Newborns with HLHS typically need surgery almost immediately after birth to survive beyond the first week of life, and Gabriel is now set to receive intensive, life‑saving cardiac care at Dallas hospitals under a court order.

Despite carrying and delivering the child, West is currently barred from seeing or holding Gabriel due to a separate court ruling.

A surrogacy contract turned legal flashpoint

The conflict began in April when Gabriel’s heart condition was discovered at 20 weeks. The surrogacy agreement between West and the baby’s biological parents—an unnamed California couple—contained a clause allowing termination if an “anomaly” was detected during pregnancy.

After the diagnosis, the couple instructed West to obtain an abortion.

West, a single mother of two, refused. Instead, she traveled to Texas, where state law recognizes her as the birth mother, positioning herself under a different legal framework than the one in California.

Her decision triggered a multi‑state legal fight over who has the final say in such cases: the biological parents who commissioned the surrogacy, or the woman carrying the child.

Texas steps in to protect the baby’s care

Texas Attorney General Ken Paxton filed an emergency petition asking the courts to ensure Gabriel received life‑saving treatment and was not removed from the state before that care could be provided. On Tuesday, a judge granted the request.

The order requires two Dallas hospitals to deliver critical care, including intensive treatment and at least one surgery, to address Gabriel’s heart condition.

What happens after Gabriel stabilizes and, potentially, leaves the hospital remains uncertain. Questions about custody, parental rights, and the enforceability of the surrogacy contract are still unresolved.

West’s legal team challenges the contract

West’s attorneys argue that the termination clause in the surrogacy agreement is not just morally troubling, but legally invalid.

“The law doesn’t permit hit man contracts,” Wilson said. “And this is a hit man contract.”

They contend that a provision allowing the biological parents to demand an abortion after a medical diagnosis conflicts with both state and federal law.

The California couple is suing West and was scheduled to appear in a Dallas County courtroom on Aug. 25, where the next phase of the legal battle over Gabriel’s future—and the broader implications for surrogacy and abortion law—will begin to play out.

Surrogate who refused to abort baby despite biological parents’ request gives birth in Texas