On August 11, 2026, Texas Attorney General Ken Paxton secured an emergency court order protecting McKenna West, an Alaska surrogate mother and the unborn child she is carrying from a California couple’s demands aimed at controlling McKenna’s medical decisions and obstructing proper care for baby Gabriel who has been diagnosed with a serious, but treatable heart condition.
Two State Attorney Generals have stood up for McKenna and baby Gabriel in this startling case in which a California couple tried to force McKenna to abort a 23-week-old baby diagnosed with a serious, but treatable heart condition called hypoplastic left heart syndrome (HLHS). The couple filed in Alaska under the pseudonyms A.B. and C.D. but identified themselves as Nausheen Gilkar and Omar Ahmed in Texas court documents.
When McKenna refused to abort baby Gabriel, Nausheen and Omar then sought to force McKenna to give birth in California at a hospital of their choosing instead of at the Texas hospital McKenna picked because of the hospital’s expertise in treating HLHS. Despite Alaska Attorney General Cori Mills’ statement of interest in the case arguing that McKenna’s constitutional right to privacy protects her from Nausheen and Omar’s demands, the Alaska Superior Court denied McKenna justice and instead relinquished jurisdiction over the baby’s birthplace to California.
Rather than allow a California court to dictate where McKenna must give birth and the medical professionals to treat both McKenna and baby Gabriel, Texas Attorney General Paxton and the Texas courts stepped in to secure McKenna’s right to choose where she gives birth and protect baby Gabriel’s right to life-saving treatment.
The order solidifies that “Texas law governs the child’s protection and medical decision-making for the child.” It guarantees baby Gabriel’s right to “medically indicated stabilizing and life-sustaining care” and states, “no person shall withhold, direct the withholding of, obstruct, or delay that care.” The order also appoints Susan Duesler as guardian ad litem for baby Gabriel upon birth.
The Texas court also granted Nausheen and Omar a temporary restraining order against McKenna that prohibits McKenna from making medical decisions for baby Gabriel after birth and from claiming parentage of baby Gabriel. Rather than either party exercising parental decision-making for baby Gabriel after birth, the guardian ad litem Susan Duesler will be responsible for baby Gabriel until further court proceedings determine parental rights.
“The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves,” said Attorney General Paxton. “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. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
