Alaskan Surrogate’s Legal Battle Over Abortion Request

An Alaskan surrogate is embroiled in a legal struggle with a couple from California. They have requested that she abort their unborn child following the diagnosis of a heart defect. McKenna West, an Alaskan nurse and single mother of two, seeks legal protection in Texas. She initially became a surrogate through Worldwide Surrogacy Specialists to supplement her income without compromising time with her children, as outlined in court documents.

West became pregnant with ‘Baby Gabriel’ for Nausheen Gilkar and Omar Ahmed in December 2025. During an anatomy scan in the 20th week of pregnancy, the baby was found to have hypoplastic left heart syndrome (HLHS), a serious heart condition.

What is Hypoplastic Left Heart Syndrome?

HLHS is a congenital heart defect affecting normal blood flow. It occurs when the left side of the heart fails to form properly during pregnancy. Treatment involves multiple surgeries performed soon after birth.

If untreated, the condition results in symptoms like breathing problems, fast heart rate, weak pulse, and ashen or bluish skin within days of birth. According to the CDC, three surgeries help the right ventricle become the primary pumping chamber:

• Norwood procedure: Usually performed within two weeks of birth, creating a new aorta connected to the right ventricle.
• Bi-directional Glenn shunt procedure: Conducted between four to six months, connecting the pulmonary artery to the superior vena cava.
• Fontan procedure: Executed between 18 months and three years, linking the pulmonary artery and inferior vena cava.

While these surgeries improve blood flow, they are not a cure. Lifelong complications can arise, and heart transplant may be necessary if the heart weakens during surgery. The CDC notes approximately 925 babies are born with HLHS each year in the U.S.

Legal Battle Spanning Multiple States

Following the diagnosis, the Californian couple invoked the abortion-upon-demand clause of their surrogacy agreement, pressing West to terminate the pregnancy. Doctors in Alaska refused the high-risk abortion, leading to the couple’s suggestion she travel to Seattle. Despite this, West refused, arguing the heart condition is treatable and proposing her brother adopt the baby.

In response, the couple threatened a $250,000 lawsuit if she refused to abort. They also filed a parentage petition in California, breaching the contract stipulating legal matters should occur in Alaska.

The conflict has seen involvement from courts in Alaska, California, and Texas. West moved to Texas, seeking custody of the child to ensure surgery post-birth. Texas law recognizes the birthing mother as the legal parent. The biological parents demand birth in California, not assuring HLHS treatment for the child.

Future Developments

‘Baby Gabriel’ is due early September. A fundraising campaign has exceeded $40,000 for West’s legal expenses. Texas Attorney General Ken Paxton secured an emergency order to ensure necessary care and prevent the child’s removal from Texas while the lawsuit continues.

‘Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him necessary care,’ Paxton stated in a release. ‘My office will use every available tool to protect innocent lives under Texas law.’ Paxton has asked UT Southwestern and Children’s Medical Center Dallas to provide care at birth.