Last updated on August 26th, 2026 at 11:02 am
A surrogate mother who refused demands to abort the baby she was carrying because of a treatable heart defect is now preparing to fight for custody, potentially taking the case to the U.S. Supreme Court.
McKenna West was carrying a baby boy for biological parents in California when an ultrasound revealed a serious but treatable heart condition. According to West, the biological parents demanded an abortion, but she refused and traveled from Alaska to Texas to give birth.
West gave birth prematurely to the child, whom she calls Baby Gabriel, on August 12. The baby was immediately taken for medical treatment, while his biological parents currently have custody under a California court ruling.
West’s attorney, Lincoln Wilson, says she intends to challenge that ruling and seek legal parentage in Texas.
“She is seeking parentage of the child because she gave birth in Texas,” Wilson said, arguing that the California custody judgment should not determine the case under Texas law. He said the legal battle could ultimately reach the Supreme Court.
The dispute could have significant consequences for the surrogacy industry, particularly regarding contractual provisions requiring surrogate mothers to undergo abortions under certain circumstances.
The federal government has also become involved. The Department of Health and Human Services’ Office for Civil Rights contacted the Texas hospitals treating Gabriel, reminding them that federal disability law prohibits withholding medical treatment because a patient has a disability.
West’s case now raises two major questions: whether a surrogacy agreement can compel a woman to abort a child against her wishes, and whether the woman who carried and gave birth to the child can claim parental rights despite having no genetic relationship to him.
For West, the legal battle is only beginning—and her attorney says she is prepared to take it as far as necessary.
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