McKenna West, an Alaskan nurse and single mother of two, is entangled in a legal dispute with a Californian couple. The couple, after learning of a heart defect in the unborn child she is carrying, asked her to terminate the pregnancy. West has traveled to Texas seeking legal protection. She chose to become a surrogate for financial stability without compromising time with her children as stated in court documents.
Matters escalated when an anatomy scan revealed that the child, Baby Gabriel, had hypoplastic left heart syndrome (HLHS), a severe heart condition. The couple requested that West undergo an abortion in accordance with their surrogacy contract. However, doctors in Alaska would not perform a late-term abortion, leading the biological parents to suggest Seattle for the procedure. West refused, insisting that the condition is manageable and that her brother was willing to adopt the child.
Understanding Hypoplastic Left Heart Syndrome
HLHS is a congenital heart defect affecting normal blood flow through the heart. The left side of the heart does not develop correctly. This condition, while requiring immediate surgery after birth, remains significant and risky. If untreated, symptoms manifest soon after birth, such as difficulty breathing, a rapid heart rate, and a bluish skin tone.
According to the Centers for Disease Control and Prevention (CDC), an infant diagnosed with HLHS needs multiple surgeries:
- Norwood Procedure: This surgery occurs within the first two weeks. Surgeons construct a new aorta connected to the right ventricle, allowing blood flow to both lungs and body. The baby may appear bluish due to mixed blood circulation.
- Bi-directional Glenn Shunt Procedure: At 4 to 6 months, this procedure connects the pulmonary artery with the superior vena cava.
- Fontan Procedure: Conducted between 18 months and 3 years, it directs blood from the lower body directly to the lungs, normalizing skin color by improving oxygen delivery.
While these operations aid blood flow, they are not curative. Lifelong medical attention is necessary, with potential heart transplantation if the heart weakens. Genetic and risk factors may contribute to HLHS, and roughly 925 U.S. infants are affected annually.
The Legal Complexity
After diagnosis, West was pressured by the parents to adhere to an ‘abortion-upon-demand clause’ present in their contract. West suggested severing ties and allowing her brother to adopt the child. When the couple threatened legal action, complications arose concerning parental rights and the surrogacy agreement’s jurisdiction. The Alaskan court acknowledged California’s jurisdiction regarding the child’s birthplace, yet West pursued custody by relocating to Texas, hoping to ensure surgical intervention post-birth.
The biological parents filed to mandate a California birth without guaranteeing treatment for HLHS, alleging misrepresentation of the legal issue as an abortion and autonomy debate while neglecting their parental rights.
Upcoming Events for Baby Gabriel
With the baby’s due date in early September, West’s legal struggles continue. A fundraising campaign for legal expenses exceeded $40,000. Texas Attorney General Ken Paxton intervened, securing orders to protect the unborn child’s medical treatment. Paxton emphasized the child’s right to healthcare under Texas law. He solicited assistance from UT Southwestern and Children’s Medical Center Dallas for the child’s medical needs once born.