Baby with rare heart defect at center of surrogacy case in critical condition

Biological parents have secured restraining order against surrogate as lawsuit continues and baby receives care

Baby with rare heart defect at center of surrogacy case in critical condition

TL;DR

  • A baby with a rare and life-threatening heart defect, hypoplastic left heart syndrome, is in critical condition.
  • A legal battle is ongoing between the baby's biological parents, Nausheen Gilkar and Omar Ahmed, and the surrogate mother, McKenna West.
  • The surrogate is seeking sole conservatorship to make medical decisions for the child, while the biological parents accuse her of trying to take their child.
  • The biological parents previously considered abortion due to the diagnosis, a factor that right-to-life groups and GOP officeholders are using to support the surrogate.
  • Texas Attorney General Ken Paxton secured a court ruling for the baby to receive life-saving treatment in the state, and an emergency order preventing the parents from taking him out of Texas.
  • The biological parents were awarded custody after birth, and filed a restraining order against the surrogate, which remains in effect.
  • The surrogate claims she was urged to have an abortion but was uncomfortable with it, believing the baby had a good chance of survival.
  • The biological parents allege the surrogate violated their surrogacy contract, which they claim included an abortion clause.
  • West's attorneys argue she has a right to custody because she was willing to fight for the baby, and that Texas law considers the birth mother as the legal mother.