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McKenna West, surrogate
Screenshot: The Megyn Kelly Show

Public officials call to protect baby boy with heart condition in viral surrogacy case

PoliticsPolitics·By Cassy Cooke

Public officials call to protect baby boy with heart condition in viral surrogacy case

Public officials are beginning to speak out in support of McKenna West, a surrogate mother fighting to protect the life of the baby boy she is carrying.

Key Takeaways:

  • McKenna West, a single mother, decided to become a surrogate as a way to provide for her family while also doing something she felt would be rewarding.

  • The baby boy she is carrying was diagnosed with hypoplastic left heart syndrome (HLHS), and the couple who hired her demanded an abortion.

  • West refused, and is now seeking custody to ensure the baby, who she calls Gabriel, receives the life-saving care he deserves; she said she would happily give Gabriel to the would-be parents if they commit to allowing Gabriel to have surgery rather than simply "comfort care," but they seemingly have not agreed to that condition.

  • The would-be parents are suing to force West to deliver in California, with a medical team of their choosing.

  • Several legislators have now come out in support of West and baby Gabriel.

The Backstory:

In an interview with Live Action News, West explained she decided to become a surrogate because she thought it would be a rewarding way to make money. "I thought [being a surrogate] would be a really awesome way to make extra income for my family, not have to take extra time away from my kids, and get to provide a family the amazing gift of having a child," she said.

She matched with a couple, known as A.B. and C.D. in court documents, underwent in vitro fertilization (IVF), and got pregnant, with a due date of September 2, 2026. Everything was going well until the 20-week anatomy scan, at which point the baby was diagnosed with hypoplastic left heart syndrome (HLHS).

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West was immediately concerned, as the contract she signed included a clause requiring abortion in the event of an “anomaly," though the surrogacy agency told her such a situation is rare. In the meantime, she researched HLHS, and found a Dallas hospital with a 100% success rate with the first of three surgeries the baby would need, and offered to live with a friend in Texas to lessen costs involved.

Most babies with HLHS require three surgeries after birth:  the Norwood procedure shortly after birth, the Glenn procedure at four to six months old, and the Fontan procedure around age two or three. These surgeries have led to drastically improved outcomes for children born with HLHS, and with treatment, the majority of children with the condition survive.

Yet A.B. and C.D. still officially requested that McKenna have an abortion at 22 weeks gestation; she lived in Alaska, and there was no doctor willing to commit such a late-term abortion in the state.

"I had to call the MFM and ask for a referral to an abortion center in Seattle," she said. “And that was really upsetting."

She was scheduled for a 24-week abortion in May, and ultimately, couldn't bring herself to go through with it, especially after her brother promised to support her, even if it meant raising the baby boy, who she named Gabriel, herself.

Thumbnail for Surrogate mom fights to save baby after parents wanted him aborted

Podcaster Ellen Fisher and Live Action founder and president Lila Rose helped West fly to Texas, where she could deliver at a hospital with doctors who would work to save Gabriel's life. Yet because she refused to have an abortion, A.B. and C.D. stopped sending West money, demanded she return the money they had already paid her, and pay for additional damages. They have also filed a lawsuit to require West to deliver in California, with a medical team of their choosing; she said she would happily do so if A.B. and C.D. commit to providing Gabriel with the surgery needed to save his life.

In the meantime, she has filed for custody of Gabriel.

"I want to fight for him because he deserves that chance. There's no guarantee; there's not a guarantee with anything. But he deserves a chance of living life outside of my womb. I just really pray he gets that opportunity," she said, adding,

"I want to get them to commit to the surgery or get parental rights so I can get him surgery. My goal is to get him surgery."

So far, the Alaska Superior Court has denied a motion to force West to relocate to California to give birth, but ruled that a California court can dictate where she gives birth and which medical team treats her. 

The Details:

Several legislators have come out in support of West, as well as baby Gabriel.

Rep. Chris Smith (R-N.J.) released a statement calling for Gabriel to receive the life-saving surgeries he needs:

Ms. West has demonstrated heroic courage and love for this baby. According to reports, despite the threat of financial ruin, she refused to abort the baby boy, filed for custody, and relocated to Texas near a hospital that is equipped to begin treatment for his condition after he is born. Ms. West stated, ‘I want to fight for him because he deserves that chance’ and ‘my goal is to get him surgery.’

With Ms. West’s due date fast approaching on September 2, 2026, and the two sides vying to decide whether the baby boy receives care, the courts should act decisively to reject the lie that having a diagnosed disability makes this baby unworthy of life.

We must remain committed to building a nation that values human life, insists upon equal justice under the law, and respects the rights and dignity of the disabled and vulnerable. The Courts should immediately give custody of this baby to those willing to welcome him, protect him, and ensure that he has a chance to receive care that could save his life.

Texas Attorney General Ken Paxton has also released a statement in support of West.

He asked the district court to enter orders directing the child’s care upon birth, barring his removal from Texas, and asking for an expedited hearing on the issue of refusing treatment.

He also sent a letter to UT Southwestern and Dallas Children’s, reminding physicians of their legal duty to give Gabriel life-saving treatment, regardless of how the custody case pans out, even if that means performing surgery without parental consent or a court order.

“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” he said. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”  

The Bottom Line:

West has said she is immensely grateful for the support she has received.

"God has been so evident about it all in the ways He has connected me with people and surrounded me with people who love Him and love life and are completely willing to stand beside me as I go through this," she said. "There are moments when I'm overwhelmed like, 'How am I gonna do this?' And other moments of just, 'Me and this baby are so taken care of, and we're not alone at all.'"

Live Action News is pro-life news and commentary from a pro-life perspective.

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