Surrogate Refuses to Abort Baby Despite Biological Parents’ Wish After Treatable Heart Defect Diagnosis

A surrogate pregnancy has turned into a multistate legal battle after the woman carrying the baby refused to terminate the pregnancy, despite repeated requests from the biological parents.

The New York Post reported on Saturday, August 1, that McKenna West, an Alaska nurse now living in Texas, learned at 20 weeks that the fetus she was carrying had hypoplastic left heart syndrome. This congenital defect leaves the left side of the heart underdeveloped, as per the Mayo Clinic. The diagnosis came after earlier scans had appeared normal.

West now alleges that the biological parents, identified in court filings only as A.B. and C.D., raised the possibility of ending the pregnancy soon after the diagnosis.

She declined their request to terminate the pregnancy, citing survival rates for children who undergo treatment for the condition and offering to help arrange medical care in Texas.

Despite the resistance from West, the couple ultimately requested an abortion be scheduled, first in April and later rescheduled to May, according to court documents obtained by the New York Post.

West said she refused, later telling Live Action, “I want to fight for him because he deserves that chance.” Her brother has also offered to adopt the baby.

The couple disputes West’s account of the case and argues she has misrepresented their medical concerns, according to court filings cited by the Post. They want her to deliver in California under the care of a medical team they select.

The biological parents are now seeking $250,000 from West, according to The U.S. Sun, covering money already paid under the surrogacy agreement along with additional damages they claim to have suffered. They are separately pursuing legal recognition of their parental rights in California, even though the surrogacy contract states that Alaska law governs the agreement.

West’s attorneys say the parents have not committed to approving surgery for the baby after birth and could instead choose comfort care. West says she’s willing to go to California and walk away from any custody claim, but only if surgery is guaranteed, according to the outlet.

If not, she’s asking an Alaska court to grant her sole custody instead, as per the outlet.

An Alaska court ruled on July 28 that a California court could decide where West delivers and which medical team provides care, but didn’t order her to relocate immediately.

In a July 27 filing supporting West, the state of Alaska argued that “the constitutional right of privacy protects a woman’s autonomy,” adding that forcing her to travel to California against her will for medical procedures with unfamiliar providers would violate her rights under the state constitution.

West is pursuing an emergency appeal as the dispute continues.