McKenna West gives birth as surrogate dispute continues
An Alaska surrogate gave birth in Dallas after a fetal heart diagnosis triggered a dispute with the Los Angeles couple whose embryo she carried.
By Priya Raghavan · Science Reporter
2 min read
McKenna West gave birth in a Dallas hospital on Aug. 12 while her cross-state dispute with the Los Angeles couple whose embryo she carried remained unresolved. The McKenna West surrogate dispute centers on the child’s medical care, custody and the events after a prenatal heart diagnosis, according to ABC7 and KTLA.
The baby was diagnosed during pregnancy with hypoplastic left heart syndrome, a serious congenital condition in which the left side of the heart does not fully develop, ABC7 reported. The condition can require surgery and may bring further health risks for children who survive treatment, the station said.
Why did the surrogate dispute begin?
West, an Alaska resident, said the intended parents wanted to terminate the pregnancy after the diagnosis, ABC7 reported. KTLA reported that a copy of the surrogacy agreement allowed the intended parents to select abortion in the event of a fetal anomaly.
West declined to end the pregnancy and traveled to Texas, where she sought care from specialists, according to KTLA. She gave birth in Dallas and was seeking custody of the child, KTLA said.
The parties use different names for the newborn. Anti-abortion activists and West have called the baby Gabriel, while the biological parents said the child’s legal name is Rumi, ABC7 reported.
What have the courts and parents said?
Texas Attorney General Ken Paxton obtained an order requiring medically indicated stabilizing and life-sustaining care after the child’s live birth, ABC7 reported. EWTN News reported that Paxton filed an intervention on Aug. 11 seeking orders on care after birth, a bar on taking the child out of Texas and an expedited hearing if treatment were refused.
Separately, ABC7 reported that the Los Angeles couple obtained a temporary restraining order before the birth that prevented West from presenting herself as the child’s parent, guardian or medical decision-maker. Their attorney, Lee Budner, told ABC7 that the biological parents had full legal custody and were following the medical team’s advice.
KTLA’s account described some restrictions differently, including its reporting on who imposed limits on West and what they covered. The supplied reporting does not establish a final custody ruling or fully reconcile the court orders. KTLA reported that a hearing was scheduled for Aug. 25 and that a temporary order kept the child in Texas until then.
Budner told ABC7 that the parents were putting the baby’s health and well-being first and following medical advice. The reports establish that the infant was receiving pediatric care, but do not establish a final medical outcome or whether surgery had been completed.
This story draws on original reporting from TODAY.com.