The baby at the heart of a surrogacy dispute that has drawn national attention has been delivered at a Texas hospital, according to a new report.
McKenna West gave birth to a boy, who has been referred to as “Baby Gabriel,” on Wednesday morning in the Dallas area, her attorney, Lincoln Wilson, told The Dallas Morning News.
The newborn is now expected to undergo life-saving surgery after doctors diagnosed him in utero with hypoplastic left heart syndrome.
That diagnosis ignited a legal and ethical battle involving West, 28, and the child’s biological parents, Nausheen Gilkar, 43, and Omar Ahmed, 45.
West, a nurse from Alaska, has previously said a doctor told her and the biological parents during her 20-week ultrasound that “there was something really wrong with the baby’s heart,” explaining that blood was not flowing through the left side.
She was then referred to a maternal-fetal medicine specialist, who confirmed the baby had hypoplastic left heart syndrome, a serious condition that can often be treated with surgery shortly after birth.
According to West, it was after that diagnosis that the baby’s biological parents first raised the possibility of abortion — a decision she said she could not support.
When West initially agreed to carry the child for the California couple, the surrogacy contract included a clause requiring her to terminate the pregnancy if an “anomaly” was detected.
McKenna West gave birth to a baby boy on Wednesday morning in Dallas, Texas, her attorney said
West, a mother-of-two, expressed her concern to the Connecticut-based Worldwide Surrogacy Specialist, LLC about the clause, but the agency told her that a situation like that is rare.
She went on to ask the agency if she could help financially assist the couple regarding care for their child so they wouldn’t abort him, and told his parents that she’s heard of people surviving with the condition.
Despite her best efforts, Ahmed told West that he and his wife had already removed the baby’s 12-week ultrasound from their fridge at home, and told her she could mail the 20-week images – but to address the envelope only to him.
Upon researching more about the heart condition, West found out that a hospital in Dallas has had a 100 percent success rate in recent years with the first of three surgeries an affected baby would need right after birth.
She then told the surrogacy agency that she would live with a friend in Texas to mitigate the costs for the couple, but a liaison for the agency said the biological parents were still concerned about the baby’s future quality of life.
West was told to officially undergo an abortion the Monday after the diagnosis.
As she would be 24 weeks pregnant at the time of the abortion, West said in court documents that she was appalled at the idea that doctors would inject the baby with ‘a solution that will stop his heart and then he’ll be literally ripped apart and dismembered as he’s taken from [her] uterus,’ Live Action reported.
A nurse then told West that she reached out to her friend, podcaster Ellen Fisher, who previously welcomed Live Action founder and president Lila Rose as a guest on her podcast.
The infant, who West was carrying for Nausheen Gilkar and Omar Ahmed, will now undergo a life-saving surgery after he was diagnosed with hypoplastic left heart syndrome while in the womb
Within hours, West received a text message from Fisher saying Rose would help her and her children get to Texas to meet with the doctors who could save the baby’s life.
‘I couldn’t believe that within 12 hours of talking to my brother, I was getting these screenshots of Ellen’s and Lila’s text exchanges and I finally felt hopeful,’ West said.
‘From there, it just blew up and I think the next day, I was already meeting with some of the lawyers.’
The biological parents went on to file a $250,000 lawsuit demanding that West return the money they had paid her as well as any additional charges.
They also demanded she come to them in California to give birth, but it was unclear whether they would allow doctors to perform the life-saving surgery or if they would only provide him with ‘comfort care’ so he would die shortly after his birth.
Through her attorneys, West agreed to go to California if the parents commit to providing the baby with surgery.
But West has also filed a lawsuit in the Superior Court of Alaska seeking sole custody of the baby so she can allow doctors in Texas to treat him.
On Tuesday, just a day before the birth of ‘Baby Gabriel,’ West secured a legal victory in her case after she petitioned a family district court in Dallas to allow the child to remain in the Lone Star State and receive potentially life-saving care.
The biological parents went on to file a $250,000 lawsuit demanding that West return the money they had paid her as well as any additional charges. At the time, they also demanded that she travel to them in California to give birth
West was supported in her efforts by Texas Attorney General and Senate candidate Ken Paxton, who submitted a brief on Monday arguing that state law requires that physicians provide medically necessary treatment.
Less than 24 hours later, an associate judge issued a temporary restraining order preventing anyone from withholding or obstructing the infant’s necessary treatment when he is born early next month.
The judge also appointed a legal guardian to ensure the child receives all of the necessary treatments for his condition.
The legal win did come with one major drawback for West, who is now forbidden from having any contact with the baby after his birth, according to Rose.
Paxton praised the judge for ensuring the baby will receive medical care in a statement which read: ‘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 wellbeing. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.’
Rose shared her happiness with the outcome, but stressed that she was not happy with the no contact order.
‘This is deeply unjust as Baby Gabriel will be separated from the only mother he’s known, left to go through surgery without her comfort or support,’ Rose posted on X, noting that West ‘has been the one fighting for his protection.’
‘Baby Gabriel is not a product,’ she argued. ‘He is a human being. His needs should be the top priority. The fight must continue for Baby Gabriel.’
