McKenna West Says She Refused an Abortion After the Baby’s Heart Diagnosis, Sparking a Legal Battle Over His Care
An Alaska surrogate mother is locked in a multistate legal dispute with the biological parents of the baby she is carrying after refusing their request to terminate the pregnancy following a serious congenital heart diagnosis.
McKenna West, an Alaska nurse and single mother of two, entered into a surrogacy agreement with Worldwide Surrogacy Specialists in September 2025. According to her lawsuit, West agreed to carry a child for two intended parents identified in court records only as A.B. and C.D.
The dispute began after an anatomy scan conducted during West’s 20th week of pregnancy in April revealed that the unborn child, referred to in court filings as “Baby Gabriel,” had hypoplastic left heart syndrome, or HLHS.
HLHS is a critical congenital heart defect in which the left side of a baby’s heart is severely underdeveloped. Babies born with the condition generally require surgery shortly after birth, often followed by additional procedures as they grow.
Surrogate Says Parents Demanded an Abortion
West alleges the intended parents invoked an abortion provision in the surrogacy agreement and directed her to terminate the pregnancy.
According to the complaint, medical providers in Alaska declined to perform the procedure, prompting the intended parents to ask West to travel to Seattle. West ultimately refused, saying she had bonded with the child and believed he should receive an opportunity to undergo treatment.
“Every life matters. No woman should be forced to end the life of the baby she is carrying — including me,” West said in a statement to the New York Post. “Baby Gabriel should receive a chance at life.”
West offered to assume full financial and custodial responsibility for the child, according to her lawsuit, while releasing the intended parents from their obligations. She alleges that the couple rejected the proposal and threatened to seek $250,000 in damages for violating the agreement.
West later traveled to Texas, where she hoped to give birth near a hospital equipped to handle complex pediatric cardiac cases.
West’s account was first brought to wider attention by Live Action News, which reports from a pro-life perspective. The New York Post later reported additional details from court filings and obtained a statement from West.
Intended Parents Dispute West’s Account
The biological parents deny West’s characterization of the dispute and contend she is misrepresenting their medical concerns.
According to court documents cited in the complaint, A.B. and C.D. argue that doctors cannot determine whether the baby is eligible for the necessary surgeries because West declined to undergo amniocentesis, a prenatal test that can identify certain genetic or chromosomal conditions.
They allege West refused the test because she feared it could affect her compensation under the surrogacy agreement.
West has said she is willing to relinquish any potential parental rights if the intended parents agree to pursue surgery after the child’s birth. The couple has not accepted that condition and has reportedly discussed palliative care with medical providers, according to the court filings.
The dispute does not establish that the parents plan to deny treatment. That is West’s allegation, which the parents contest.
Courts Consider Parental Rights and Place of Birth
The legal battle has unfolded in Alaska and California, where the intended parents obtained a pre-birth order recognizing them as the unborn child’s legal and biological parents.
An Alaska Superior Court order filed July 28 said the immediate issue before the court was whether West should give birth in Alaska or California and which state had authority to decide the question.
The court record shows the original surrogacy agreement contemplated West giving birth in her state of residence, which was Alaska when the agreement was signed. However, the intended parents later established parentage through a California court order.
The intended parents are seeking to have West deliver in California. West has argued that she should be permitted to give birth near specialists prepared to treat the child’s heart condition.
Baby Gabriel is due Sept. 3.
What the Heart Diagnosis Means
HLHS typically requires a series of operations beginning within the first days of life. The Norwood procedure, commonly performed during the first stage of treatment, reroutes blood flow so the right side of the heart can support the body.
New York-Presbyterian reported a four-year survival rate of 90.5% among 68 patients who underwent the Norwood procedure at its hospital between 2016 and 2020, compared with a national benchmark of 86.4%. Outcomes vary depending on the child’s anatomy, additional medical conditions and eligibility for surgery.
The case raises unresolved questions about the limits of surrogacy contracts, a pregnant surrogate’s control over medical decisions and who determines treatment for a child before and immediately after birth.
For West and the intended parents, however, those questions are no longer theoretical. They are now at the center of a rapidly approaching birth and an increasingly complex legal fight.
