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The surrogate who refused to abort her baby despite the wishes of the boy’s biological parents gave birth early on Wednesday.
McKenna West has been caught up in a contentious multi-state controversy over parental rights and abortion after the unborn child she was carrying was diagnosed with a severe but treatable heart condition.
West, who was set to give birth on Sept. 2, delivered the newborn baby she named Gabriel in the Dallas area on Wednesday, her attorney Lincoln Wilson told The Dallas Morning News.
Gabriel will now undergo life-saving care for his congenital heart condition, Wilson said.
However, due to a court order, West is not allowed to see or hold the baby.
The contentious legal-battle began in April after the unborn child was diagnosed with the severe heart condition, hypoplastic left heart syndrome (HLHS), at 20 weeks.
The surrogacy contract between West and the biological parents contained a clause that allowed terminations if there was an “anomaly” during the pregnancy.
Following the diagnosis, the couple called on West to seek an abortion.
West, a single mom of two, refused to terminate the pregnancy and instead traveled to Texas where she would be recognized as the birth mother under state law.
Texas Attorney General Ken Paxton had filed a petition urging doctors to give the baby life-saving care upon his birth to stop him from being taken out of the state which was granted Tuesday.
The emergency court order requires two Dallas hospitals to provide critical care to the baby, which includes intensive treatment and at least one surgery.
Newborns diagnosed with HLHS require surgery almost immediately after birth in order to survive beyond their first week.
However, if Gabriel does eventually leave the hospital, it is not immediately clear what the legal outcome will be.
While a separate court order is prohibiting her from currently seeing the baby, West would consider taking the child if the courts permit, according to her attorney.
West’s legal team believes that the termination clause within the surrogacy contract, while standard, is “offensive to state and federal law,” according to The Dallas Morning News.
“The law doesn’t permit hit man contracts,” Wilson said. “And this is a hit man contract.”
The California couple, who are suing West, were slated to appear in a Dallas County court on Aug. 25.
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