RESOLVING THE LEDGER
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A baby with a rare heart defect at the center of a multistate legal dispute over abortion and parental rights was born Wednesday to a surrogate in Texas, a day after a judge in Dallas ordered life-saving care for the newborn.
McKenna West, an Alaska nurse, was carrying a baby for a California couple when at about 20 weeks, doctors diagnosed the baby with hypoplastic left heart syndrome, a potentially life-threatening heart condition that will require multiple surgeries. West alleges the parents invoked an “abortion clause” in their surrogacy agreement, according to a lawsuit filed in Alaska.
West accused the biological parents of pressuring her end the pregnancy, according to court documents, but West refused, saying in an interview with the anti-abortion group Live Action, “I didn’t think that I could live with myself doing that.” She also said she was concerned they would not provide life-saving care after birth to let the child die.
Instead, she went to Texas, where abortions are illegal, and found specialists who could treat the baby’s condition, according to her attorney.
“She chose that hospital because she wanted the best care for him possible,” attorney Lincoln Wilson said.
West’s case drew support from anti-abortion groups and Republican officials, including Attorney General Ken Paxton, who intervened in support of the surrogate . Paxton’s office sent a letter to UT Southwestern Medical Center and Children’s Medical Center of Dallas. The state also filed a brief Tuesday in Dallas County court to provide life-saving care after the child is born and to keep the child in Texas.
Hours later, a Dallas judge sided with the State, ordering that the baby receive life-sustaining medical care in Texas.
The biological parents, Nausheen Gilkar and Omar Ahmed, have disputed West’s account of what happened after the diagnosis and denied in court filings that they intended to refuse surgery once the baby was born. They said medical professionals had told them it was not possible to determine whether the baby would be a candidate for open-heart surgery.
“That is not and has never been our position,” Ahmed wrote in court documents filed in Texas. “Since Ms. West moved to Texas, we have consistently sought the opportunity to consult with physicians caring for our child to make informed medical decisions for him as his parents.”
The baby was born Wednesday in Dallas. The biological parents now have custody.
“That means that, right now, she’s in limbo where she’s carried this child for 37 weeks, fought desperately to save his life against great challenges and a great risk to herself and now she doesn’t even get to hold, touch, see the baby at all,” Wilson told NBC DFW.
Lee Budner, an attorney for the biological parents, said the baby was receiving medical care and accused West and Paxton of turning a family tragedy into “political theater.”
“Our clients’ son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center. Thankfully, McKenna West’s baseless attempt to interfere with his medical care has been soundly rejected by the courts. 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. 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.
“Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with their beautiful newborn son,” Budner said.
West’s attorney says she wants custody of the child.
“We do believe that she is the mother under Texas law because that’s what Texas law says. If you give birth to a child, you are the child’s mother,” Wilson said.
A California court has already ruled the baby’s biological parents are the child’s legal parents.
But West’s attorney is challenging that ruling.
“We think that judgment flagrantly violated due process. It pulled Ms. West into an expedited proceeding from 2,000 miles away on two days notice,” Wilson said.
Wilson said he’s prepared to take the case the U.S. Supreme Court, if necessary.
For now, the biological parents have custody of the newborn, while West’s fight to have a role in his care continues.
Hypoplastic left heart syndrome occurs when the left side of the heart does not form correctly during pregnancy. The condition prevents normal blood flow and if left untreated, causes severe symptoms such as breathing problems, weak pulse and ashen or bluish skin, according to the Centers for Disease Control and Prevention.
The condition must be treated with multiple surgeries that are complex and challenging, according to the CDC. Surgical repairs are not necessarily cures but help restore heart function. Additional surgeries or heart transplants may be needed, according to the CDC. Without treatment, children affected by the heart defect can die within days or weeks.
About 925 babies in the U.S. are born with HLHS each year.
This story originally appeared on NBCDFW.com .
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