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Baby born in Dallas after surrogate mother refuses abortion over heart defect

A baby at the center of a highly unusual multistate surrogacy and medical-care dispute has been born in Dallas, after his surrogate refused a request to terminate the pregnancy following the discovery of a serious heart defect.

The baby was born Wednesday


McKenna West, a surrogate from Alaska, gave birth to the baby boy in the Dallas area on Aug. 12. The newborn was diagnosed during pregnancy with hypoplastic left heart syndrome (HLHS), a rare and severe congenital heart condition in which the left side of the heart does not develop normally.


The baby is now receiving care from pediatric specialists, with doctors planning lifesaving treatment.


How the legal dispute began

West was carrying the baby for California couple Nausheen Gilkar and Omar Ahmed. After the heart condition was diagnosed at about 20 weeks, the couple and West disagreed about whether the pregnancy should continue.


West says the intended parents pressured her to have an abortion. The couple disputes that characterization, saying they sought medical advice and wanted to make decisions about their child's care based on medical recommendations. Their attorney has described the situation as a family tragedy that has been turned into political theater.


Why Texas became involved

West traveled from Alaska to Texas, where abortion restrictions and Texas family law became central to the dispute.


Texas Attorney General Ken Paxton intervened and obtained an emergency court order requiring that the newborn receive life-sustaining medical treatment and preventing the child from being removed from Texas while the legal proceedings continue.


Paxton's office has said doctors determined that surgery offers the baby a meaningful chance of survival.


A complicated fight over parental rights

The case involves more than abortion. It also raises difficult questions about surrogacy contracts, parental rights and who gets to make medical decisions for a child after birth.

The intended parents say they are the child's legal parents and have sought to remain involved in his medical care. Separately, West has sought recognition of parental rights under Texas law.


A Texas judge has ordered lifesaving treatment, while another order currently prevents West from making medical decisions for the baby or representing herself as his mother.


What happens next?

The legal battle is continuing across state lines, with another court hearing scheduled for Aug. 25. Meanwhile, the newborn remains under medical care in Dallas.


Bottom line

The birth brings a new and urgent chapter to a dispute involving surrogacy, abortion, parental rights and medical ethics. The baby has now been born and is receiving specialized care, but the question of who has legal authority over his future—and how the original surrogacy agreement applies—remains unresolved.


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