Red State Comes To Rescue Of Surrogate Mom Facing Pressure To Kill Baby

A baby with a heart defect at the center of an extraordinary surrogacy dispute was born after Texas Attorney General Ken Paxton stepped in to ensure the child received life-saving medical care when his surrogate rejected demands from the biological parents to abort him.

McKenna West, a single mother of two children and an Alaska nurse, decided to become a surrogate after hearing about a friend’s positive experience, believing it would allow her to earn extra income while helping another family have a child, according to Live Action News. In February 2025, she applied to a surrogacy agency, was approved, and was matched with a California couple she initially described as a “perfect match.”

That all changed when, at 20 weeks, Baby Gabriel was diagnosed in utero with hypoplastic left heart syndrome (HLHS) — a serious but treatable congenital heart condition that typically requires three staged surgeries.

After learning of the diagnosis, his biological parents, Nausheen Gilkar and Omar Ahmed, reportedly demanded that his surrogate mother, McKenna West, travel to California to abort the child, according to the New York Post. 

“So we were all really upset. It was completely unexpected. Everything had been going great,” West, who became pregnant through IVF, told Live Action News. “I was full of fear and stress of what they were going to choose. I was feeling pretty confident that they were going to choose termination, and how could I possibly live with myself going through that?”

West, an Alaska nurse, refused and fled to Dallas, where she sought legal protection and access to doctors experienced in treating Gabriel’s condition.

The vast majority of surrogacy contracts include provisions giving the intended parents a say in whether to terminate a pregnancy, The Atlantic reported. Surrogate.com says surrogates cannot be forced to undergo an abortion, but refusing to comply with a contractual agreement could carry “financial and legal consequences.”

West says having the baby could cost her $200,000 — a price she was willing to pay. 

“This is my body, and I absolutely don’t want to go through this. Nothing was scarier than questioning my own soul and knowing what would happen to this baby boy,” she told Lila Rose, president and founder of Live Action. “His life doesn’t have a price tag on it. There’s nothing that they could try to come after me for that would be worth his life.”

Texas law recognizes the woman who carries and gives birth to a child as the “gestational mother,” prompting Paxton’s office to intervene and ask the district court to enter orders directing the child’s care upon birth.

“The intended parents have refused to agree that they will consent to the life-saving surgery upon birth and may attempt to transport the child out of Texas to prevent treatment from being administered,” the attorney general’s office wrote. 

A district court granted Paxton’s petition, ordering that “upon the child’s live birth, medically indicated stabilizing and life-sustaining care shall be provided to the child pending further order of this Court.” No person shall withhold, direct the withholding of, obstruct, or delay that care,” the order stated. 

Paxton’s office also notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of what he described as their legal obligations to provide Gabriel with life-saving care. In a letter to the hospitals, Paxton said physicians have an independent legal duty to treat Gabriel regardless of how the parentage dispute lands in court.

“The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves,” Paxton said. “Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.” 

Lawyers for biological parents, who did not commit to providing their child with life-saving care, have not commented publicly on the surrogate’s legal victory. According to NewYork-Presbyterian Hospital, children diagnosed with HLHS who undergo treatment have roughly a 72% chance of surviving to age 5. Those who reach their first birthday have about a 90% chance of living to age 18. 

Live Action reported Wednesday that Baby Gabriel is “on the path” to receiving the life-saving care he needs, though a temporary restraining order is preventing West from seeing the baby. The next phase of the legal battle over custody will likely play out in California court, while a fundraiser for West circulating online has raised tens of thousands of dollars to help cover the costs of saving the baby’s life.

“God has been so evident about it all in the ways He has connected me with people and surrounded me with people who love Him and love life and are completely willing to stand beside me as I go through this,” West told Live Action.

UPDATE: Baby Gabriel is here!

McKenna gave birth after courageously refusing the contracting parents’ demand that she abort him because of his serious but treatable heart condition.

Heartbreakingly, a temporary restraining order issued yesterday prevented McKenna from seeing or… pic.twitter.com/y41ZvMN3Au

— Lila Rose (@LilaGraceRose) August 12, 2026