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Surrogate battles biological parents' push to abort diagnosed baby in court

Surrogate mother McKenna West is fighting a lawsuit from the baby's biological parents who want to terminate the pregnancy after a heart defect was found.

McKenna West, a single mother and nurse from Alaska, entered a surrogacy arrangement with Worldwide Surrogacy Specialists in September 2025. An anatomy scan in April 2026 revealed the fetus, dubbed "Baby Gabriel," had hypoplastic left heart syndrome, a severe yet operable heart defect. The child's biological parents, identified only as A.B. and C.D., cited an "abortion on demand" provision in their contract and pressed for a late-term abortion, which local physicians declined to carry out.

West refused to abort, proposing to take full custody and financial responsibility, an offer the parents rejected and followed with a $250,000 lawsuit threat. She relocated to Texas to give birth at a hospital experienced in pediatric cardiac surgery, while the parents continue litigation in Alaska and California courts to compel a California birth and obtain parental rights, even discussing palliative care for the infant.

Why it matters

The case highlights legal and ethical conflicts over surrogacy contracts, parental rights, and medical decisions for fetuses with serious health issues.

In this story

surrogacyabortion clausehypoplastic left heart syndromelegal battleparental rightslate-term abortionpediatric cardiac surgery