Surrogate Mother’s Legal Battle Over Baby’s Care Continues

The surrogate mother who declined an abortion request after the unborn child was diagnosed with a severe heart condition is persisting in her legal struggle following the infant’s crucial heart surgery. The operation occurred days after the baby was taken from her just moments after birth.

McKenna West, a mother from Alaska and a cardiac nurse, carried the baby. On Thursday, she shared that she is still advocating for the child after he was separated from her shortly after she delivered him on August 12.

“I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy,” West stated in her New York Post op-ed on Thursday. “The only glimpse I got of him was during a very short 60 seconds while his umbilical cord was still connected. As soon as the cord was cut, he was taken away.”

West fled to Texas after the baby’s biological parents reportedly asked her to terminate the pregnancy. She had agreed last year to be the surrogate for Omar Ahmed and Nausheen Gilkar, the intended parents from California.

According to West, Ahmed and Gilkar requested an abortion after the baby was diagnosed with hypoplastic left heart syndrome (HLHS) at about 20 weeks. West refused and traveled to Texas for childbirth.

The lawyer representing Ahmed and Gilkar challenges significant parts of West’s story. He asserts that they consented to the surgery once doctors confirmed the baby’s eligibility.

Lee Budner, their attorney, mentioned that doctors decided on August 14 that the baby, referred to as Rumi by Ahmed and Gilkar, qualified for the Norwood procedure. This surgery is the first of three common open-heart procedures for newborns with HLHS.

“My clients immediately provided consent for the surgery to occur at the hospital’s earliest availability,” Budner stated on August 17.

The baby underwent surgery on August 17 and is recovering with care from Ahmed, Gilkar, and his medical team. Budner added that the infant’s condition “remains critical and complex.”

Budner also accused West of pursuing custody in violation of multiple court orders from Alaska and California.

“Meanwhile, Ms. West continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California,” he said. “We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else.”

West, assisted by Alliance Defending Freedom, stated she is not attempting to take someone else’s child. She described her intentions differently.

“I’m not fighting to try to take someone else’s baby,” West wrote Thursday. “I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him as he gets the ongoing treatment his fragile heart requires.”

Live Action founder and president Lila Rose, whose organization supports West, confirmed that she plans to continue seeking custody.

“McKenna is fighting for custody because Gabriel needs someone willing to defend him,” Rose said. “He deserves to remain protected and receive every chance to heal and live.”

Rose questioned Ahmed and Gilkar’s version of events before the surgery.

“If they were willing for Gabriel to receive the surgery, why did a Texas court have to ensure that he received it under the force of law?” Rose said. “The court intervened, and Gabriel has now received the surgery he desperately needed. Praise God.”

Rose accused Ahmed and Gilkar of previously declining consent for the baby’s medical care and now attempting to remove him from Texas. Their lawyer contests West’s representation of the case and claims Ahmed and Gilkar consented to the surgery once the baby’s medical team assessed his eligibility.

Texas Attorney General Ken Paxton earlier intervened by informing two Texas medical centers of their legal responsibilities to provide essential care after the child’s birth.

The Norwood procedure is the initial step of three surgeries aimed at treating HLHS, with the baby’s future medical treatment central to the dispute.

Budner noted the child’s condition remains “critical and complex.” The family does not intend to provide further health updates.

“My plea, my only goal, is simple: Let’s commit to giving this baby the full treatment he needs to live,” West wrote.

Alliance Defending Freedom did not immediately respond to Fox News Digital’s request for comment.

Jasmine Baehr is a breaking news writer for Fox News Digital, covering politics, military matters, and legal debates around life and family policy, along with faith and culture.