Alaska nurse and surrogate McKenna West refused the intended parents' request to terminate a pregnancy after a 20-week diagnosis of hypoplastic left heart syndrome. She located a Texas hospital experienced in treating the condition and says the parents stopped payments and sought repayment. The couple filed in California to establish parental rights; Ms West has filed for custody to secure permission for postnatal surgery and says she will travel to California only if they commit to treatment.
Alaska Surrogate Refuses Abortion After Baby Diagnosed With Severe Heart Defect — Legal Fight Over Postnatal Care
McKenna West, who is carrying 'baby Gabriel', insists that he 'deserves a chance at living life outside of my womb'
A surrogate from Alaska, McKenna West, is locked in a legal dispute with the intended parents after she declined their request to terminate a pregnancy following a 20-week diagnosis of hypoplastic left heart syndrome (HLHS). Ms West, a nurse who says she has named the unborn child Gabriel, is seeking legal authority to ensure surgeons can perform corrective operations after birth because the intended parents have not committed to authorising treatment, she says.
What Happened
Ms West became a surrogate in February 2025 through Worldwide Surrogacy Specialists, an agency whose website states it pays surrogates between $55,000 and $70,000. She says she was matched with a couple she considered "a perfect match" and later became pregnant. At the routine 20-week scan, doctors diagnosed the foetus, due Sept. 2, with hypoplastic left heart syndrome, a rare congenital condition in which the left side of the heart is severely underdeveloped.
Medical Context
HLHS is a serious, complex condition. Treatment commonly involves a series of planned surgeries beginning shortly after birth (or, in some cases, heart transplantation) and requires specialised paediatric cardiac care. While outcomes vary, many children with HLHS can survive and lead meaningful lives with modern surgical and follow-up care.
Contract And Dispute
According to Ms West and documents reviewed by media outlet Live Action, the surrogacy contract included a clause requiring termination in the event of a foetal "anomaly." The intended parents allegedly asked Ms West to terminate the pregnancy after the diagnosis. She says she refused and located a hospital in Texas with experience treating infants with HLHS.
Following her refusal, Ms West alleges the intended parents stopped contract payments and demanded repayment of funds they had already provided, plus damages for breach of the surrogacy agreement. The couple filed legal proceedings in California seeking to establish their parental rights and asked the court to require Ms West to give birth in California.
Court Actions And Positions
The Alaska Superior Court declined to order Ms West to relocate to California to give birth, though it acknowledged a California court could potentially decide where the birth must occur and which medical team would treat the child. The intended parents reportedly indicated they would provide only "comfort" care rather than authorising the surgeries medical teams recommend.
"I knew that I didn't want to go through with it. I didn't want this baby's life to be cut short," Ms West said. "I want to fight for him because he deserves that chance. There's no guarantee... but he deserves a chance at living life outside of my womb. My goal is to get him surgery."
Ms West's Actions
Ms West says she has found a Texas hospital with strong outcomes for infants with HLHS and has offered to travel to California to give birth only if the intended parents commit in writing to the necessary postnatal surgeries. She has also filed for custody of the unborn child with the stated aim of obtaining legal authority to permit doctors to perform the recommended operations.
Ms West and Worldwide Surrogacy Specialists were contacted for comment. Media reports on this case cite Live Action as a source for many of the details.
Potential Outcomes
The case raises complex questions about contractual terms in surrogacy agreements, parental rights, medical decision-making for newborns, and how courts resolve conflicts when a surrogate's wishes differ from those of the intended parents. Further court rulings will determine where the child is delivered and who has the authority to direct medical care after birth.
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