Surrogate Who Refused to Terminate Pregnancy Despite Intended Parents Wishes Gives Birth

A surrogate who refused to abort the baby she was carrying — despite the wishes of the boy’s biological parents — reportedly gave birth early Wednesday amid a bitter legal battle with the intended parents.

Here’s the sitch — McKenna West, a surrogate from Alaska, was carrying a baby for a California couple. At the fetus’ 20-week scan, doctors discovered it had hypoplastic left heart syndrome (HLHS), a rare birth defect where the left side of the heart does not grow correctly … and it needs 3 surgeries to correct when the child is born, per Boston Children’s Hospital.

The surrogacy agreement had a clause that allowed the couple to choose to terminate the pregnancy if there was an “anomaly” found … but McKenna refused and fled to Texas, where she would be seen as the birth mother, The Dallas Morning News reports.

She was due to give birth Sept. 2, but delivered the baby boy — who she named Gabriel — Wednesday in the Dallas area, her attorney, Lincoln Wilson, told Dallas Morning News.

The attorney for the intended parents, Lee Budner, told the outlet … “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 him.”

The intended parents are suing McKenna and had a court date later this month. It’s unclear how this unique multi-state legal battle will play out … at this point, McKenna is not allowed to see or care for Gabriel, but her attorney said she’s considered taking the child if the court rules she can.

Texas Attorney General Ken Paxton obtained an emergency court order requiring two Dallas hospitals — UT Southwestern Medical Center and Children’s Medical Center of Dallas — to provide life-saving care to the baby, according to reports.

Meanwhile, McKenna’s lawyer reportedly said the termination clause within the surrogacy contract she signed is “offensive to state and federal law.”