An Alaskan surrogate mother, McKenna West, recently gave birth to a baby boy diagnosed with a severe heart defect after the intended parents reportedly sought an abortion, reports The Texas Tribune. West had fled to Texas to ask the court to intervene and provide life-saving treatment once the baby was born.
According to the surrogacy agreement West entered in, the intendent parents have the parental right to make choices regarding the fetus. However, Texas’ family law recognizes the legal mother as the one who have birth.
Texas Attorney General Ken Paxton has come out in support of the surrogate, and following a court order, the newborn is set to receive immediate life-saving surgery.
Nausheen Gilkar and Omar Ahmed, the biological parents, are at the hospital with the baby. Their legal team denies they forced her to have an abortion, claiming she initially agreed to it.
The Texas order that granted lifesaving treatment also retained the rights of the parents to make medical decision instead of West. A California court also recognizes the parental rights of the intended parents.
West currently does not have access to the baby, but is seeking Texas for legal protection because of their state law.
Kelsey Pritchard, communications director of Susan B Anthony Pro Life America, says the situation underscores the reality of late-term abortions across the country.
"The surrogate case that we've all been watching is an awful reminder that abortions in the third trimester happen and are legal in 12 states now across our country," Pritchard says.
She adds that the case highlights a broader pattern, where mothers who receive difficult fetal diagnoses are quickly urged to terminate their pregnancies.
"When women receive some sort of diagnosis of their baby in utero, they are pushed to abort, and these are babies who often have treatable conditions or have conditions that with some sort of care in utero or right after they're born, they can go on to survive and thrive," Pritchard states.
Advocates hope the child's court-ordered care brings greater attention to treatable fetal conditions nationwide.
