Surrogate says baby 'ripped away' 60 seconds after birth as custody fight erupts after abortion refusal
The surrogate mother who refused an abortion request after the baby she was carrying was diagnosed with a serious heart defect is pressing her legal fight after the newborn underwent lifesaving heart surgery, days after she says he was taken from her just 60 seconds after birth.
McKenna West, an Alaska mother and cardiac nurse who carried the child, said Thursday she is continuing to fight for the baby after she was separated from him moments after giving birth Aug. 12.
"I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy," West wrote in a New York Post op-ed Thursday.
"The only glimpse I got of him was during a very short 60 seconds while his umbilical cord was still connected. As soon as the cord was cut, he was taken away."
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West agreed last year to serve as a surrogate for Omar Ahmed and Nausheen Gilkar of California, the child's intended parents.
According to West, Ahmed and Gilkar asked her to terminate the pregnancy after the baby was diagnosed with hypoplastic left heart syndrome, or HLHS, at about 20 weeks. West refused and later traveled to Texas to give birth.
Ahmed and Gilkar's attorney disputes key parts of West's account and says they consented to the child's surgery as soon as doctors determined he was eligible.
Lee Budner, an attorney for Ahmed and Gilkar, said doctors determined on Aug. 14 that the baby, whom Ahmed and Gilkar call Rumi, was eligible for the Norwood procedure, the first of three open-heart surgeries for newborns commonly used to treat HLHS.
"My clients immediately provided consent for the surgery to occur at the hospital’s earliest availability," Budner said in an Aug. 17 statement.
The baby underwent surgery Aug. 17 and is recuperating under the care of Ahmed, Gilkar and his medical team, Budner said, adding that his condition "remains critical and complex."
Budner also accused West of continuing to pursue custody despite court rulings.
"Meanwhile, Ms. West continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California," he said. "We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else."
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West, who is being represented with assistance from Alliance Defending Freedom, has said she is not trying to take someone else's child and described her goal differently.
"I’m not fighting to try to take someone else’s baby," West wrote Thursday. "I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him as he gets the ongoing treatment his fragile heart requires."
Live Action founder and President Lila Rose, whose organization has supported West, told Fox News Digital that West intends to continue fighting for custody.
"McKenna is fighting for custody because Gabriel needs someone willing to defend him," Rose said. "He deserves to remain protected and receive every chance to heal and live."
Rose also questioned Ahmed and Gilkar's account of events leading up to the surgery.
"If they were willing for Gabriel to receive the surgery, why did a Texas court have to ensure that he received it under the force of law?" Rose said. "The court intervened, and Gabriel has now received the surgery he desperately needed. Praise God."
Rose also alleged that Ahmed and Gilkar previously declined to consent to the baby's medical care and are now seeking to take him out of Texas. Their attorney has disputed West’s characterization of the case and said Ahmed and Gilkar consented to surgery once the baby’s medical team determined he was eligible for the procedure.
Texas Attorney General Ken Paxton previously intervened in the case, notifying two Texas medical centers of what his office said were their legal obligations to provide medically necessary care after the child was born.
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The Norwood procedure is the first of three surgeries typically used to treat HLHS, leaving the child's future medical care at the heart of the continuing dispute.
Budner said the child's condition remains "critical and complex" and that the family does not intend to provide further health updates.
West, meanwhile, said she intends to continue fighting.
"My plea, my only goal, is simple: Let’s commit to giving this baby the full treatment he needs to live," West wrote.
Alliance Defending Freedom did not immediately respond to Fox News Digital's request for comment.