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Surrogacy dispute escalates after McKenna West gives birth to baby with heart defect

A multi-state su  ogacy dispute escalated afte  McKe  a West gave bi th i  Texas to a baby with a seve e hea t defect; the i te ded pa e ts  ow have custody while the legal fight co ti ues


Baby
holdi g
mothe ‘s
ha d
(Rep ese tative
Image,
Ca va)

A
complex
su ogacy
dispute
i volvi g
Califo ia,
Alaska
a d
Texas
i te sified
afte
su ogate
McKe a
West
gave
bi th
i
Texas
to
a
baby
with
hypoplastic
left
hea t
sy d ome,
a
seve e
a d
life-th eate i g
co ge ital
hea t
co ditio .
The
baby
was
bo
o
August
12
a d
is
eceivi g
specialised
medical
ca e.
Acco di g
to
the
i te ded
pa e ts’
atto ey,
the
child
is
ow
i
the
custody
of
the
i te ded
pa e ts,
Naushee
Gilka
a d
Oma
Ahmed,
while
West
co ti ues
to
challe ge
the
custody
a a geme ts
as
pe
CBS
News.
The
Associated
P ess
epo ted
that
the
baby
was
bo
a
day
afte
a
Texas
judge
o de ed
that
life-sustai i g
ca e
be
p ovided,
addi g
a othe
chapte
to
a
case
i volvi g
medical
decisio s,
pa e tal
ights
a d
diffe i g
state
laws.

How
the
dispute
bega

West,
who
is
f om
Alaska,
was
se vi g
as
a
gestatio al
su ogate
fo
Califo ia
couple
Naushee
Gilka
a d
Oma
Ahmed.
Du i g
the
p eg a cy,
docto s
diag osed
the
fetus
with
hypoplastic
left
hea t
sy d ome,
o
HLHS,
at
about
20
weeks.HLHS
is
a
se ious
co ge ital
hea t
co ditio
i
which
the
left
side
of
the
hea t
is
seve ely
u de developed.
Babies
bo
with
the
co ditio
ge e ally
equi e
su ge y
soo
afte
bi th
a d
may
eed
additio al
p ocedu es
as
they
g ow.

The
baby
i
this
case
is
eceivi g
specialised
medical
ca e
a d
is
expected
to
u de go
complex
t eatme t.Acco di g
to
cou t
fili gs
a d
epo ti g
by
the
Associated
P ess,
the
diag osis
led
to
a
disag eeme t
betwee
West
a d
the
i te ded
pa e ts
ove
whethe
the
p eg a cy
should
co ti ue.
West
has
said
that
Gilka
a d
Ahmed
wa ted
he
to
te mi ate
the
p eg a cy,
epo tedly.
The
couple,
howeve ,
have
disputed
West’s
cha acte isatio
of
eve ts,
sayi g
they
sought
medical
advice
about
the
baby’s
co ditio
a d
that
West
i itially
ag eed
to
e d
the
p eg a cy
befo e
cha gi g
he
mi d.The
disag eeme t
eve tually
became
a
legal
dispute.
West
left
Alaska
a d
t avelled
to
Texas
while
p eg a t,
whe e
she
sought
to
co ti ue
the
p eg a cy
a d
obtai
medical
ca e
fo
the
baby.
Repo ti g
i dicates
that
the
case
subseque tly
i volved
cou ts
i
multiple
states
as
the
pa ties
disputed
pa e tal
ights,
the
su ogacy
ag eeme t
a d
medical
decisio s
co ce i g
the
p eg a cy
a d
child.

Baby holdi g ha d

Baby
holdi g
ha d
(Rep ese tative
Image,
Ca va)

Why
Texas
became
ce t al

Texas
became
a
majo
pa t
of
the
dispute
because
West
was
the e
whe
the
baby
was
bo
a d
because
of
the
state’s
laws
co ce i g
abo tio
a d
the
legal
status
a d
p otectio
of
child e .Texas
Atto ey
Ge e al
Ke
Paxto
i te ve ed
befo e
the
bi th,
seeki g
cou t
p otectio
fo
the
baby
a d
a gui g
that
the
child
should
eceive
life-sustai i g
t eatme t.
O
August
11,
a
Texas
judge
o de ed
that
medically
i dicated
stabilisi g
a d
life-sustai i g
ca e
be
p ovided
afte
the
child’s
bi th.
The
o de
also
est icted
the
baby’s
emoval
f om
Texas
while
the
legal
p oceedi gs
co ti ued.The
baby
was
bo
o
August
12
i
Dallas
a d
is
eceivi g
medical
t eatme t.
HLHS
typically
equi es
a
se ies
of
su ge ies,
with
the
fi st
p ocedu e
ge e ally
taki g
place
sho tly
afte
bi th.The
case
has
also
att acted
political
atte tio .
A ti-abo tio
g oups
have
suppo ted
West,
while
the
i te ded
pa e ts
have
c iticised
what
thei
atto ey
desc ibed
as
the
politicisatio
of
thei
family
situatio .
West
has
eceived
legal
suppo t
f om
Allia ce
Defe di g
F eedom,
while
Live
Actio
has
also
suppo ted
he .

Baby
ow
i
i te ded
pa e ts’
custody

Followi g
the
bi th,
the
custody
situatio
shifted
agai .
Acco di g
to
the
i te ded
pa e ts’
atto ey,
the
baby
is
ow
i
Gilka
a d
Ahmed’s
custody
a d
eceivi g
specialised
medical
ca e.
A
cou t
o de
gives
the
i te ded
pa e ts
autho ity
ove
medical
decisio s
a d
est icts
West’s
co tact
with
the
child,
acco di g
to
epo ti g.West’s
atto ey
is
challe gi g
that
a a geme t
a d
a gues
that
West
should
be
ecog ised
as
the
child’s
legal
mothe
u de
Texas
law.
That
positio
emai s
disputed,
a d
the
questio
of
legal
pa e tage
has
ot
bee
fi ally
esolved.The
i te ded
pa e ts
mai tai
that
West
violated
thei
su ogacy
ag eeme t
by
efusi g
to
etu
to
Califo ia
a d
by
co ti ui g
the
p eg a cy
afte
they
sought
its
te mi atio .
West’s
legal
team
disputes
that
cha acte isatio
a d
a gues
that
she
etai ed
the
ight
to
make
decisio s
about
the
p eg a cy.The
dispute
has
ow
moved
beyo d
the
questio
of
medical
t eatme t
to
the
la ge
questio
of
who
has
legal
autho ity
ove
the
child.
With
diffe e t
states
i volved
a d
competi g
claims
based
o
the
su ogacy
ag eeme t
a d
state
law,
the
case
emai s
u esolved.Fo
ow,
the
baby
is
eceivi g
medical
ca e
while
i
the
i te ded
pa e ts’
custody,
acco di g
to
thei
atto ey,
while
West
co ti ues
he
legal
challe ge.
The
pa ties
a e
expected
back
i
cou t
i
Dallas
late
i
August,
a d
the
custody
a d
pa e tal- ights
questio s
emai
o goi g.

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