A surrogate who refused to abort the baby she was carrying, despite the wishes of the biological parents, gave birth early Wednesday amid a bitter legal battle.
McKenna West, a surrogate from Alaska, was carrying a baby for a California couple.
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At the fetus' 20-week scan, doctors discovered it had hypoplastic left heart syndrome (HLHS), a rare birth defect where the left side of the heart does not grow correctly.
The condition requires three surgeries to correct after birth, according to Boston Children's Hospital.
The surrogacy agreement included a clause allowing the couple to choose termination if an anomaly was found.
West refused and fled to Texas, where she would be seen as the birth mother, The Dallas Morning News reports.
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She was due to give birth Sept.
2, but delivered the baby boy, whom she named Gabriel, Wednesday in the Dallas area, her attorney Lincoln Wilson told the outlet.
The intended parents' attorney, Lee Budner, said their clients' only focus is ensuring the baby receives vital medical care and that they can spend every precious moment with him.
The intended parents are suing West and had a court date later this month.
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It is unclear how this unique multi-state legal battle will play out.
Currently, West is not allowed to see or care for Gabriel, but her attorney said she is considering taking the child if the court rules she can.
Texas Attorney General Ken Paxton obtained an emergency court order requiring two Dallas hospitals to provide life-saving care to the baby.
West's lawyer reportedly said the termination clause in the surrogacy contract is "offensive to state and federal law."
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Before giving birth, West told Live Action she simply believed Gabriel deserved a chance at life.
