Baby with a serious heart defect was born amid a legal battle between the surrogate and parents. What to know
A baby with a congenital heart defect at the center of a monthslong legal battle that sparked debate over abortion and parental rights was born in Texas this week, according to attorneys for the surrogate and the biological parents.
The baby arrived at a Dallas hospital on Wednesday after the surrogate, McKenna West, traveled from her home state of Alaska to Texas.
West's attorneys claim the biological parents requested West to terminate the pregnancy after they learned the fetus was diagnosed with a rare and life-threatening condition. West refused, and went to Texas, where abortion access is severely restricted.
The biological parents, who are from California, and West are now in a competing legal battle over medical decisions for the child.
Under Texas family law, the person who gives birth is recognized as the legal mother. West says that because of this, she should be allowed to make medical decisions for the baby. Meanwhile, the biological parents argue that a California court recognized them as the legal parents of the baby and decisions about medical care should be made by them.
The office of Texas Attorney General Ken Paxton secured an emergency order to allow the baby to remain in the state and to allow hospitals and medical providers to provide treatment even without parental consent. A Texas court order also prevented West temporarily from making medical decisions for the baby.
"Our clients' son was born [Wednesday] morning, and he is now in their physical custody while he receives expert medical care at a tertiary care center," Lee Budner, attorney for the baby's biological parents, Nausheen Gilkar and Omar Ahmed, told ABC News in a statement.
"Right now, our clients are continuing to place their baby's health and well-being first, following the advice of the baby's medical team, as they always have and just as any loving parent would," the attorney said.
Here's what to know about the case.
West, a nurse from Alaska, was carrying the child for Gilkar and Ahmed, from California. The baby has been referred to by West, her attorneys and anti-abortion rights advocates as "baby Gabriel." According to the Texas Tribune, the biological parents chose a different name: Rumi.
The baby was diagnosed with hypoplastic left heart syndrome (HLHS) in utero and would need surgery shortly after birth, according to Paxton.
HLHS is a rare heart condition in which the left side of the heart doesn't fully develop and is too small, leaving it unable to pump blood well, according to the Centers for Disease Control and Prevention (CDC).
A baby born with HLHS will likely need multiple surgeries to increase blood flow and bypass the left side of the heart, the CDC says.
Infants with the condition may have lifelong complications and may need a heart transplant if the defect is complex, or if the heart weakens after surgery, according to the federal health agency.
On Tuesday, Paxton said his office secured a court order that would require the baby to receive medical treatment and prevents the transfer or discharge of the child, meaning the baby must remain in Texas while receiving care.
In a separate court order, the judge granted Gilkar and Ahmed a temporary restraining order that prevents West from making medical decisions on behalf of the child or exercising possession of the baby, reinforcing their parental rights.
Budner, the attorney for the baby's parents, criticized the actions taken by Paxton.
"As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General's office and McKenna West," Budner said.
West matched with Gilkar and Ahmed through Worldwide Surrogacy Specialists, LLC, a family planning center located in Connecticut, an attorney for West told the Tribune.
According to the Tribune, the relationship between West and the biological parents was going well until the baby was diagnosed with HLHS at 20 weeks' gestation.
West's attorney told the Tribune that Gilkar and Ahmed attempted to force West to have an abortion, which the surrogate found to be "fundamentally offensive." An attorney for the biological parents told the Tribune that they did not try to force an abortion.
In an interview with Megyn Kelly last week, West said she felt "trapped" because the surrogacy contract permitted the biological parents to choose to end the pregnancy.
"The team at Worldwide Surrogacy Specialists, LLC is saddened by the turn to litigation in this matter," the center told ABC News in a statement.
"The team supports and has always supported the gestational carrier's right to make medical decisions for herself and for her bodily autonomy," the statement continued. "The team also supports the right of the intended parents to legal parentage of their Child now that he has been born."
A California court recognized Gilkar and Ahmed as the legal parents of the child, according to court documents filed in Alaska on July 27. An appellate court denied a request from West for a stay in the case.
Budner, the attorney for the parents, told ABC News, "Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts."
An attorney for West told the Tribune that because West gave birth in Texas, she should be lawfully recognized as the legal parent.
Texas prohibits all abortions after six weeks, or when fetal cardiac activity can be detected. While there is a narrow exception for cases where the mother's life may be in danger, Texas does not allow abortions in cases where the fetus has a fatal condition.
"The court notes that nothing in this order limits the right of the surrogate mother to make decisions to safeguard her own health or the health of the pregnancy," Paxton said in a statement Tuesday.
A hearing on Paxton's order is scheduled for Aug. 25.
Paxton’s office did not return ABC News’ request for comment. When reached for comment, one of West's attorneys pointed ABC News to statement published on Wednesday and did not provide further details.
"It's an honor and privilege to represent McKenna in her courageous stand for Baby Gabriel's life," Erik Baptist, one of West's attorneys and senior counsel and director of the Center for Life at Alliance Defending Freedom, a Christian conservative legal advocacy group, said.
"Every life matters. No woman should be forced to kill the baby she is carrying, and every child deserves a chance at life," the statement continued. "We are thrilled that the court's order calls for Baby Gabriel to receive the surgery necessary to save his life. And we are so grateful for Texas Attorney General Ken Paxton's heroic, invaluable efforts to preserve this precious child's life.
