Alaskan Surrogate Engaged in Legal Dispute Over Baby’s Heart Condition

An Alaskan surrogate mother, McKenna West, finds herself in a legal dispute with a couple from California. The conflict arose over their request to terminate a pregnancy due to the diagnosis of a heart defect in the unborn child.

Surrogate Decision and Initial Diagnosis

McKenna West, an Alaskan nurse and single mother to two children, intended to supplement her income through surrogacy. Documents indicate she aimed to secure financial stability while maintaining time with her children. Through Worldwide Surrogacy Specialists, she was matched with Nausheen Gilkar and Omar Ahmed. West conceived ‘Baby Gabriel’ in December 2025. During a 20-week gestation scan in April, doctors identified hypoplastic left heart syndrome (HLHS) in the baby, a condition requiring immediate surgical intervention post-birth.

Understanding Hypoplastic Left Heart Syndrome

HLHS is a congenital defect that significantly impairs blood circulation in the heart. It results from an improperly formed left heart side. The CDC outlines necessary surgeries for managing HLHS; these procedures reconfigure blood flow and involve several complex surgeries early in life.

• Norwood procedure: A vital operation performed within weeks of birth, aiming to connect the aorta with the right ventricle. According to the CDC, success in this challenging surgery may leave the newborn with a bluish skin tone due to mixed blood oxygen levels.
• Bi-directional Glenn shunt procedure: Conducted for infants aged 4-6 months, this operation creates a connection between the pulmonary artery and superior vena cava, further enhancing circulation.
• Fontan procedure: For children aged between 18 months to 3 years. It links the pulmonary artery to the inferior vena cava, helping normalize oxygen circulation and reducing bluish skin tone.

While surgeries improve blood flow, they do not cure HLHS. Ongoing medical care is necessary, including potential heart transplants and lifelong medication. The CDC notes about 925 U.S. births annually include HLHS cases.

Developments of the Legal Dispute

Gilkar and Ahmed requested an abortion following the HLHS diagnosis, citing an ‘abortion-upon-demand clause’ in their agreement. Alaskan doctors declined to perform a late-term abortion, and the biological parents urged West to travel to Seattle for the procedure. West opposed this, arguing for treatment of the heart condition and offering for her brother to adopt the baby.

Legal actions ensued as the Californian couple sued West for $250,000 for breaching the agreement. They filed a petition in California for parental rights, disregarding the stipulation that legal proceedings occur in Alaska. West has since sought custody in Texas, where state law recognizes the birth mother as the legal mother.

The biological parents demand the child’s birth in California, though they have not committed to post-birth HLHS treatment. They assert that their parental rights are being overlooked, presenting the issue as more than an abortion matter.

Current Status of the Case

‘Baby Gabriel’ is expected in early September, with due dates specified around September 2 or 3. Support via a crowdfunding campaign has surpassed $40,000 for West’s legal needs.

Texas Attorney General Ken Paxton has intervened, acquiring an emergency order to protect the child’s medical needs and prevent relocation outside Texas during ongoing litigation. Paxton emphasizes the child’s right to necessary healthcare, pledging robust enforcement of Texas law to safeguard the infant. The Texas attorney general seeks cooperation from UT Southwestern and Children’s Medical Center Dallas in delivering essential care for Baby Gabriel.