Texas judge orders life-sustaining care for newborn of California surrogate
A Texas court mandated that a newborn with a severe heart defect receive life-saving treatment after a dispute between the surrogate mother and the intended parents, who had been accused of seeking an abortion.
A newborn diagnosed with hypoplastic left heart syndrome was given life-sustaining treatment on Tuesday after a Dallas judge ruled in favor of the surrogate mother, who had traveled from California to Texas amid a legal battle over the infant's care. The child, born Wednesday, is now receiving stabilizing care and is scheduled for surgery at a Texas hospital, according to the surrogate's attorney.
The surrogate, McKenna West, alleges that the intended parents, Omar Ahmed and Nausheen Gilkar, pressured her to terminate the pregnancy after the diagnosis was made at 20 weeks. The couple denies refusing surgery and says they have sought medical guidance to make informed decisions as the child's parents. Their attorney said the baby is receiving medical care and accused West and Texas Attorney General Ken Paxton of turning a family tragedy into "political theater."
"She has taken on great personal risk to herself," said Lincoln Davis Wilson, West's attorney.
"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," said Lee Budner, representing the couple.
Legal experts note that surrogacy contracts typically address medical decisions, but enforceability varies. Texas law grants parents decision-making authority but does not permit denial of care that would constitute medical neglect. Professors of reproductive law cite case precedent allowing courts to intervene when a child's life-saving treatment is at risk.
The dispute highlights the complex intersection of surrogacy agreements, state medical-decision statutes, and the urgent medical needs of infants born with life-threatening conditions.