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.
10:33 AM PT -- The biological parents of the newborn baby born into surrogacy who refused to have an abortion against their wishes, now have temporary custody of their child.
A surrogate who refused to abort the baby she was carrying -- despite the wishes of the boy’s biological parents -- reportedly gave birth early Wednesday amid a bitter legal battle with the intended parents.
Here's the sitch -- McKenna West, a surrogate from Alaska, was carrying a baby for a California couple. 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 ... and it needs 3 surgeries to correct when the child is born, perBoston Children's Hospital.
The surrogacy agreement had a clause that allowed the couple to choose to terminate the pregnancy if there was an "anomaly" found ... but McKenna refused and fled to Texas, where she would be seen as the birth mother, The Dallas Morning News reports.
