McKenna West Surrogacy

Surrogate McKenna West sent an emotional plea to the surrogacy clinic and the biological parents, saying she was not sure she could live with herself if she went through with an abortion, days before the procedure was scheduled.

The biological parents wanted to terminate the pregnancy, per the surrogacy agreement, after an ultrasound revealed the fetus had a serious heart issue.

According to letters filed in court documents, obtained by TMZ, McKenna notified Worldwide Surrogacy on May 4, 2026 to say she could not go through with the scheduled termination ... writing, "After careful thought, I have decided that I cannot terminate this pregnancy. This baby is in my body, and I care for him very much."

McKenna West -- the surrogate who ran off to Texas to have a California couple's baby without their consent -- will have absolutely no authority over the baby to whom she gave birth, this according to legal docs obtained by TMZ.

We've obtained a copy of the temporary restraining order obtained by the biological parents of baby Gabriel -- the name which West gave the baby -- and it strips her of any decision-making with respect to the child's care.

The TRO states she cannot make any medical decision on behalf of Gabriel, exercise any possession of him, represent herself as his parent, guardian or medical decision maker, or sign any document on behalf of him.

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.

1:12 PM PT -- McKenna West will have no authority over the baby according to legal docs obtained by TMZ.

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, per Boston 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.