Surrogate mother refused to terminate pregnancy after fetal heart defect was discovered
A surrogate mother who refused to terminate a pregnancy after a rare heart defect was diagnosed has launched a legal battle. The baby was born in Texas, handed over to his parents, and is receiving medical care. Dr. Assad Khoury, director of the Pediatric Cardiology and Congenital Heart Defects Unit at Rambam, explains the syndrome: "Without intervention, mortality is 100%, and the baby could die within a few hours to a few weeks."
McKenna West, a surrogate mother from Alaska who was carrying a baby for a couple from California, discovered around the 20th week of pregnancy that he was suffering from Hypoplastic Left Heart Syndrome (HLHS), a rare heart defect that requires a series of surgeries after birth. According to her, following the diagnosis, the baby's biological parents asked her to have an abortion. She refused, traveled to Texas before the birth, and launched a struggle intended, according to her, to ensure the baby receives life-saving medical care.
The intended parents, identified in court documents as Noshin Gilker and Omar Ahmed from California, deny that they asked the surrogate, West, to terminate the pregnancy. The dispute between the parties reached the court after the Attorney General of Texas, Ken Paxton, intervened in the case and sought to ensure that the baby would receive medical care even if his parents opposed it.
West told Megyn Kelly's podcast that a surrogacy agency approached her and connected her with the couple. According to her, in conversations with them about the possibility that a medical problem might be discovered during the pregnancy, they made it clear that terminating the pregnancy would not be their first choice. However, after the baby was diagnosed with the heart defect, West claimed that the couple asked her to have an abortion. In the podcast interview, West described her feelings: "I felt very trapped because of this contract. I felt like I didn't have a voice, but I knew in my soul, in my heart, that I wanted to protect this little child." After the diagnosis, West moved from Alaska to Dallas County in Texas, according to her "for protection" and to ensure that the child could be near doctors experienced in treating his condition.
The struggle moves to court
Paxton, the Attorney General, officially notified the UT Southwestern Medical Center and the Children's Medical Center in Dallas that they had a legal obligation to provide the baby upon birth with "necessary and life-saving medical care." Later, he obtained a court order that determined the baby must be given the required treatment. The court also determined that Gilker and Ahmed, and not West, would be responsible for making medical decisions for the child.
"The court made the right decision when it acted immediately to protect the baby's life and ensure he receives the care he deserves," said Paxton in a statement. According to him, his office used all the tools at its disposal to protect the baby and will not stop acting for his well-being.
The baby was born and handed over to his parents
The baby, referred to by the Texas Attorney General and West's lawyer as Gabriel, was born on Wednesday morning in Texas and was transferred to the neonatal intensive care unit. He is now in the custody of his parents and is receiving medical care. The Hypoplastic Left Heart Syndrome from which he suffers requires a series of surgeries, with the first of them usually performed in the first weeks of life.
Attorney Lee Badner, representing Gilker and Ahmed, stated that the parents "continue to prioritize their baby's health and well-being." He accused West and the Texas Attorney General's office of turning the case into a political struggle. Following the court orders, West was prohibited from contacting the child after his birth. Her lawyer, Lincoln Davis Wilson, told CBS News that she intends to continue efforts to obtain custody.
Three surgeries and lifelong monitoring
Dr. Assad Khoury, director of the Pediatric Cardiology and Congenital Heart Defects Unit at Rambam Health Care Campus, explains that Hypoplastic Left Heart Syndrome is a relatively rare syndrome that appears in one to three out of every 10,000 live births. In this syndrome, the left side of the heart is unable to pump oxygen-rich blood to the body properly.
"Without intervention, mortality is 100%, and the baby could die within a few hours to a few weeks," says Dr. Khoury. Today, the syndrome is diagnosed during pregnancy in nearly 90% of babies born with it. Early diagnosis allows medical teams to prepare in advance for the birth and prevent a sudden deterioration in the baby's condition.
The treatment path includes three surgeries:
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The Norwood procedure (shortly after birth).
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The Glenn procedure (around the age of six to eight months).
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The Fontan procedure (between the ages of two and a half and three).
According to Dr. Khoury, in the past, the ten-year survival rate was about 50%, but the results have improved significantly. "With us at Rambam, about 90% of the children survive at least until the age of 10. Some of them can reach the age of 30, 40, and even 50. I follow about 100 children with the syndrome. They deal with limitations, but all in all, their quality of life is reasonable."
