Where the Texas surrogate dispute stands right now
The legal fight over who has parental rights to a baby in the middle of a surrogacy dispute is playing out in Texas. Rachel Rebouché, professor of law at the University of Texas School of Law, joins CBS News to discuss.
A California couple's surrogate, McKenna West, gave birth to a baby in Texas with hypoplastic left heart syndrome, a severe congenital heart defect. The fetus was diagnosed at around 20 weeks during an ultrasound. Surrogacy agreements stipulated that the intended parents could opt for abortion, but McKenna, a nurse, felt pressured into continuing the pregnancy.
Texas' restrictive abortion laws made it challenging for her to terminate the pregnancy. A Texas judge ordered life-sustaining treatment for the newborn, named Rumi by the legal parents, Omar Ahmed and Nausheen Gilkar. The judge also issued a restraining order preventing McKenna from claiming custody, parental rights, or decision-making abilities.
The case has drawn support from right-to-life activists and Republican officials, who refer to the child as Gabriel. The surrogate claims she was trapped by the surrogacy contract and had no voice, while the legal parents deny refusing the surgery and claim McKenna broke the contract.
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