The Trump administration has become involved in the extraordinary legal battle surrounding a surrogate mother who refused to terminate her pregnancy despite a request from the baby’s intended parents.
McKenna West, an Alaska nurse, was acting as a surrogate for California couple Nausheen Gilkar and Omar Ahmed when doctors discovered their unborn baby had a serious heart condition at around 20 weeks.
The baby was diagnosed with hypoplastic left heart syndrome, or HLHS, a rare congenital condition in which the left side of the heart is severely underdeveloped.
While the condition can require major treatment and multiple surgeries, it is not necessarily fatal when treated with specialized medical care.
According to reports, Gilkar and Ahmed requested that West terminate the pregnancy under the terms of their surrogacy agreement, but West refused.
She subsequently traveled to Texas, where the case developed into a bitter legal dispute over the pregnancy and the baby’s future medical care.
Baby Gabriel was born prematurely
The case took another dramatic turn when baby Gabriel was born prematurely on Wednesday, August 12.
Before his birth, a Texas court had ordered that medically necessary stabilizing and life-sustaining treatment be provided to the child.
The order stated that nobody could withhold, obstruct or delay the care.
Texas Attorney General Ken Paxton welcomed the ruling and said Gabriel deserved the opportunity to receive the medical treatment he needs.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said.
The newborn is now receiving treatment for his heart condition in Texas.
Trump administration gets involved
Federal officials have now entered the dispute.
The Department of Health and Human Services’ Office for Civil Rights has reportedly backed the legal protections requiring medically necessary care for Gabriel.
Officials also contacted two Texas hospitals to remind them that federal law prohibits discrimination on the basis of disability.
The protections include decisions surrounding potentially life-sustaining medical treatment, according to officials.
The move has added another layer to a case that has already raised difficult questions about surrogacy agreements, abortion, parental rights and who has the authority to make decisions for a child with a serious medical condition.
Biological parents say their focus is their son’s health
Meanwhile, Gabriel’s intended parents are due back in court on August 25.
Their attorney, Lee Budner, said the couple’s priority is ensuring their son receives the medical care he needs and that they are able to be with him.
“Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with him,” Budner said.
He also accused West and her legal representatives of turning the newborn’s situation into “political theater.”
Surrogate currently barred from seeing newborn
West is currently prohibited by a court order from seeing or holding Gabriel, despite carrying him throughout the pregnancy and refusing to terminate it.
Her attorney, Lincoln Wilson, has challenged aspects of the case, including whether Gilkar and Ahmed have yet been genetically confirmed as the child’s biological parents.
Wilson has said genetic testing has not yet taken place and has indicated that West could seek custody of Gabriel if a court allowed her to do so.
He has also strongly criticized the original surrogacy agreement.
READ MORE:
- Kourtney Kardashian appears to have come out as autosexual
- Sydney Towle’s brother reveals heartbreaking detail about influencer’s final days
