Parents of Baby Born By Surrogate McKenna West Against Their Wishes Have Custody of Child For Now

The biological parents of the baby born to a surrogate who refused to have an abortion against their wishes have custody of the child for now ... at least according to their lawyer, who says the political theater surrounding the birth "devastated" them.

Lee Budner of Calabrese Budner, counsel to the baby's biological parents, tells TMZ ... their son -- named Gabriel by surrogate McKenna West -- was born Wednesday morning and is now in their physical custody while he receives medical care.

The couple's lawyer adds ... his clients are placing the baby's health first and following the advice of his medical team.

Budner says, "As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General's office and McKenna West."

Budner finishes the statement by making it clear the parents' top priority is spending as much time as possible with their child while also ensuring the kid gets the medical care he vitally needs.

As you know ... doctors discovered the fetus was suffering from a hypoplastic left heart syndrome (HLHS) -- a rare birth defect where the left side of the heart does not grow correctly -- during the 20-week scan.

The birth agreement included a clause where the biological parents could choose to terminate the pregnancy if an "anomaly" was found ... but West ran off with the child instead -- fleeing to Texas, where she hoped she would be seen as the birth mother, The Dallas Morning News reports.

She was due to give birth September 2 ... but the baby was born early. Texas Attorney General Ken Paxton obtained an emergency court order requiring two Dallas hospitals -- UT Southwestern Medical Center and Children's Medical Center of Dallas -- to provide life-saving care to the baby, according to reports.