Case of Surrogate Fleeing to Texas Raises Complex Legal Questions

A complex legal dispute has emerged surrounding surrogate McKenna West of Alaska, a California couple who hired her, and a newborn baby born in Dallas with a serious medical condition. The controversy began after a 20-week ultrasound revealed the fetus had hypoplastic left heart syndrome, a severe congenital heart defect. According to West's court filings and Newsweek’s review, the surrogate and the intended parents, Omar Ahmed and Nausheen Gilkar, disagreed on how to proceed once the medical condition was discovered.

West claims the parents attempted to abort the pregnancy. She subsequently traveled from Alaska to Texas, a state with stringent abortion laws, seeking medical care from cardiologists.

Texas Attorney General Ken Paxton intervened in the case, requesting court action to guarantee the infant receives life-saving treatment and remains in Texas while the dispute is resolved. The intended parents have also journeyed to Texas, where the baby was born on Wednesday and is currently receiving medical care. Their lawyer, Lee Budner, accused West and Paxton of turning the family's situation into "political theater." A legal hearing is set for August 25 at 1 p.m. to address the ongoing issues.

Surrogacy agreements are contracts between a surrogate and the intended parents, outlining matters such as compensation, medical care, parental rights, decision-making during pregnancy, and the legal process for establishing parentage. West entered into such an agreement with the couple via Worldwide Surrogacy Specialists in August 2025.

Surrogacy laws vary across the U.S., with some states explicitly recognizing and regulating these arrangements. Naomi Cahn, a University of Virginia School of Law professor specializing in family law, stated that Texas is neither "surrogate hostile" nor "surrogacy friendly," meaning contracts are typically enforceable in the state.

The situation is unusual due to the surrogate leaving her home state and moving to another due to conflict with the intended parents. Typically, surrogacy agreements set forth where care will be provided and where the birth will occur. In this case, Texas was not initially designated as the birth location. Alaska law governs the surrogacy agreement, as it lacks specific statutes on the matter, while California courts have also become involved.

The child's heart condition adds another layer of complexity, and a Texas court is prioritizing the best interests of the child to ensure the intended parents make life-sustaining medical decisions.