An Alaska surrogate who refused to abort a baby with a congenital cardiac defect has given birth, despite the couple’s objections.
McKenna West, who was originally set to give birth on Sept. 2, delivered the baby boy in the Dallas area on Wednesday, August 12, her attorney Lincoln Wilson told The Dallas Morning News.
West named the newborn baby Gabriel, the media outlet reported. Gabriel is scheduled to undergo surgery for his congenital heart condition, Wilson said.
However, due to a court order, West is not allowed to see or hold the baby, who is now in the custody of the biological parents, according to TMZ.
The battle began in April when a scan revealed the fetus had a congenital heart defect called hypoplastic left heart syndrome (HLHS).
The biological parents, who live in California, ordered West to abort the fetus, but she refused.
West filed a lawsuit alleging the couple threatened to sue her for $250,000.
The surrogacy contract between West and the parents contained a clause allowing the parents to terminate early if an “anomaly” was discovered by doctors during the pregnancy.
West, a nurse and single mom of 2, refused to terminate the pregnancy. She traveled from her home in Alaska to Texas where she would be recognized as the legal birth mother under state law.
A Texas court intervened and ordered doctors to perform life-saving surgery after the baby’s birth and to stop anyone from taking him out of the state, according to the New York Post.
The order also prevents West from seeing or holding the baby.
TMZ reports the bio parents have custody of the baby for now. The couple’s attorney said they are “devastated” that the Texas prosecutor’s office and West have turned their family tragedy into “political theater”.
“As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West.”
Worldwide Surrogacy Specialists LLC, the agency that matched West with the bio parents, told PEOPLE that it supports both West and the parents.
“The team at Worldwide Surrogacy Specialists, LLC is saddened by the turn to litigation in this matter. The team supports and has always supported the gestational carrier’s right to make medical decisions for herself and for her bodily autonomy. The team also supports the right of the intended parents to legal parentage of the child now that he has been born,” the company said.