Alaska Surrogate Gives Birth in Texas After Refusing Abortion Demand, Court Bars Her From the Baby

McKenna West, a nurse and single mother of two from Alaska, gave birth Wednesday in Dallas to a baby boy with hypoplastic left heart syndrome, according to CBS News and the Texas Tribune. The birth came less than 24 hours after Texas Attorney General Ken Paxton intervened in the case, and it caps a legal fight spanning three states.

Hypoplastic left heart syndrome is a rare condition where the left side of the heart doesn't fully develop. The Cleveland Clinic says it typically requires three surgeries, starting within two weeks of birth, and causes lifelong complications even with successful treatment.

West was serving as a surrogate for Nausheen Gilkar and Omar Ahmed of California through Worldwide Surrogacy Specialists, a Connecticut-based agency, according to the Texas Tribune. At around 20 weeks, doctors diagnosed the heart defect. West's attorney, Lincoln Wilson, told the Tribune that Gilkar and Ahmed then pushed West to terminate the pregnancy. West refused and traveled to Dallas County, saying she wanted access to doctors who treat the condition and, according to Paxton's office, for "protection."

Gilkar and Ahmed dispute that account. Their attorney, Lee Budner, told the Texas Tribune the couple never forced an abortion and called West's legal maneuvering, along with Paxton's involvement, "political theater." Budner said in a statement that the couple's only focus is getting their son medical care and spending time with him. A July filing from an Alaska court, obtained by the Texas Tribune, states that the couple and West were initially in agreement about an abortion before the relationship broke down.

West says she was pressured into ending the pregnancy and refused. The parents say that's not true. Neither side has produced evidence beyond dueling court filings and public statements, and no court has ruled on which version is accurate.

Paxton, who is also running for U.S. Senate, filed a brief in the case and announced Tuesday that a Dallas judge issued an emergency order requiring lifesaving care for the child after birth and barring the baby from being taken out of Texas. "Baby Gabriel deserves a chance at life," Paxton said in a statement, adding his office would use "every tool at our disposal to protect life."

The court appointed a guardian ad litem to represent the child's interests, according to theGrio. A separate restraining order gave Gilkar and Ahmed, not West, authority over the baby's medical decisions and barred West from any contact with him after birth, both the Texas Tribune and Yahoo reported. Wilson confirmed West has not been allowed to see or hold the baby.

That restriction has become its own flashpoint. Lila Rose, founder of the anti-abortion group Live Action, which helped connect West with lawyers, called the no-contact order "deeply unjust" in a post on X, arguing the baby "will be separated from the only mother he's known" right before major surgery. Whatever the merits of the underlying abortion dispute, a newborn facing life-threatening heart surgery is being kept from the woman who carried and delivered him, by court order, within hours of birth.

The court's restraining order exists because Gilkar and Ahmed are the legal, intended parents under the surrogacy contract, and Texas courts have to designate someone with authority to make medical calls. Handing that authority to a surrogate who has publicly clashed with the intended parents, and who has said she may pursue custody, creates complications. The judge's order threads that by guaranteeing the surgery happens regardless of who's making decisions.

Gilkar and Ahmed previously filed suit seeking $250,000 from West, covering surrogacy payments already made plus additional claimed damages, according to the U.S. Sun. They had also asked a California court to order West to give birth there, a request she avoided by traveling to Texas instead.

A hearing on the broader custody and decision-making dispute is scheduled for August 25 in Dallas, according to the Texas Tribune. Budner says the couple disputes that the baby's name is even Gabriel, the name used by Paxton's office and West's supporters, and confirms only that he's now receiving care from a pediatric medical team. Wilson said outside of the heart condition, early signs have been positive, but there's been no public update since birth on the baby's surgical timeline or condition. West, per Wilson, intends to keep pursuing custody in the weeks ahead.