At best, a proper surrogacy plan can help a couple struggling with childbirth to achieve the gift of parenthood by way of a willing woman’s reproductive power. Then there’s the worst-case scenario, which typically arises when said surrogate grows an attachment to the life growing inside of her.
Many are trying to wrap their heads around the recent viral case of McKenna West, a surrogate to a California couple who ignored their request for an abortion after a birth defect was spotted in week 20, and ran off to Texas to give birth without their consent.
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West, who is pro-life, gave birth early on Wednesday (August 12). She previously spoke with Lila Rose of pro-life platform Live Action (see above) to describe her distress in being asked to abort the baby, who she named Gabriel despite recently losing all decision-making rights. Things were originally going according to plan up until the 20-week scan, which sadly revealed the fetus was suffering from hypoplastic left heart syndrome. With HLHS, the left side of the heart grows abnormally and requires three corrective surgeries very soon after giving birth. Per the surrogacy agreement that gave biological parents Nausheen Gilkar and Omar Ahmed the option to terminate should any “anomaly” be found, the couple chose to move forward with an abortion. McKenna chose otherwise, and instead a lawsuit has ensued.
More details below on the next steps in this pending legal battle, via New York Post:
“Lincoln Wilson, an attorney for surrogate McKenna West, told The Post she’s planning a full-throttle court battle to become the legal parent of baby ‘Gabriel,’ who was born in the Dallas area Wednesday.
‘She is seeking parentage of the child because she gave birth in Texas, and in Texas, if you give birth to a child, it’s your child,’ Wilson said.
Wilson said the reason the baby’s LA-based biological parents, Nausheen Gilkar and Omar Ahmed, currently have custody is because of a California order he considers ‘void.’
‘We think that once that California judgment is removed … that basically she is the mother under Texas law,’ Wilson said.
‘We are taking that challenge up through the California courts, and we’ll take it up to the US Supreme Court if we have to.’”
It would appear West, who is from Alaska, purposefully chose to give birth in Texas due to their strict laws on abortion and birth rights. However, time will tell if the regional clause works in her favor. As of now, a temporary restraining order has completely removed her legal authority over the baby and stripped her of any decision-making. The newborn, who she wasn’t allowed to see or hold, is currently in the custody of his biological parents, who also plan on giving him a new name altogether. According to their attorney, Lee Budner, the couple is making his health a top priority as they aim to spend as much time as possible with their child.
While strong arguments are coming from both sides, we can only pray for the child’s sake that a fair outcome is reached for all parties.
Reproductive Legal Battle: Surrogate Gives Birth Despite Abortion Request By Biological Parents Due To A Birth Defect
was originally published on
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