A surrogate mother who fled to Texas - where abortion is illegal, in case you've been living under a rock - gave birth on Wednesday to a baby boy, marking the culmination of a legal battle that has all the subtlety of a bull in a china shop.
The child's biological parents, Nausheen Gilkar and Omar Ahmed of California, confirmed the birth through their lawyer, Lee Budner, who took the opportunity to deny that they forced McKenna West, the surrogate from Alaska, to undergo an abortion. Budner called the actions of West and Texas Attorney General Ken Paxton 'political theater' - which is a bit like calling the sun 'a little warm.'
In a July filing from an Alaska court, attorneys for Gilkar and Ahmed stated that the couple and West initially agreed on an abortion. The dispute blew up this week after Paxton, never one to miss a chance to make a statement, intervened on West's behalf, publicizing an emergency court order from Dallas county that barred the then-fetus from being taken out of state and requested hospitals provide 'life-saving' care.
Texas's top prosecutors and West maintained that the California couple intended to deprive the child of such treatment - a claim the couple has, unsurprisingly, refuted.
The fetus had been diagnosed with hypoplastic left heart syndrome, a condition that interferes with the body's ability to pump oxygen-rich blood, potentially causing breathing problems. According to the CDC, children with this defect require multiple surgeries in a specific order soon after birth, and these procedures are not a cure; lifelong complications may persist.
Paxton, in a Tuesday news release, said, 'My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's well-being' - using a name not given by the California couple, because why let facts get in the way of a good narrative?
West appeared on Megyn Kelly's podcast last week, where she said she felt 'very trapped' by the surrogacy contract and that she knew 'in my soul, in my heart that I wanted to protect this little boy.' She had previously believed that 'if something came up … termination would not be their first choice.'
Under Texas law, abortion is banned under most circumstances, except when the mother's health is at risk - a clause that has received scrutiny for its vague wording and nebulous enforcement, which is like saying a unicorn has questionable dietary habits.
Budner, in the filing, wrote that after 'heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure,' Gilkar and Ahmed made the difficult decision to terminate the pregnancy. The filing also noted that West initially agreed and even made the initial appointment, but then 'unilaterally changed her mind, cut off all contact, and withdrew medical releases.'
So, baby is born, legal battles continue, and everyone is pointing fingers. In other news, water is wet.