Updated
Updated · The Associated Press · Aug 26
Texas Court Hears Surrogacy Fight Over 1 Newborn as Heart Defect Custody Battle Escalates
Updated
Updated · The Associated Press · Aug 26

Texas Court Hears Surrogacy Fight Over 1 Newborn as Heart Defect Custody Battle Escalates

3 articles · Updated · The Associated Press · Aug 26

Summary

  • Dallas testimony showed the newborn’s condition has worsened since birth, with the California couple saying he is in critical condition after surgery and suffering complications including gasping, choking on tubes and needing a blood transfusion.
  • McKenna West is seeking sole conservatorship to make medical decisions, arguing the couple’s earlier push for an abortion after a 23-week diagnosis casts doubt on their commitment to life-saving care.
  • West told the court she would drop her custody claim if a judge finds the couple will pursue the surgeries, but the hearing ended without a final ruling and the restraining order blocking her from seeing the baby stayed in place.
  • California records cited by the couple say West has no legal or physical custody rights, yet her lawyers urged the Texas court to treat her as the mother in a case exposing gaps between state surrogacy laws and abortion politics.

Insights

When a surrogate flees to another state to save a baby, who legally controls the critically ill child's medical fate?
After crossing state lines to defy an abortion request, will the surrogate ultimately win custody of the newborn?
Can a surrogacy contract enforce termination for fetal anomalies, or do state laws completely override the intended parents' rights?