Her Body, Their Choice: Does Surrogacy Have a Forced Abortion Problem?

The blockbuster case of Baby Gabriel has captured the nation, and everyone is watching to see whether this little boy will receive the care he needs to survive. McKenna West, a nurse from Alaska, is a single mom who became a pregnancy surrogate to make extra money to support her family. But never in her wildest dreams did she imagine she'd be embroiled in a national battle to save the life of the child she was carrying. It all started when West entered into a contractual surrogate agreement to carry and birth a child for a California couple. In an exclusive interview with Megyn Kelly, West shared that while abortion was briefly discussed with the couple, according to her, they reassured her that they just really wanted to be parents. And she was happy to help. The Fight for His Life Flash forward to the 20-week ultrasound. The OB-GYN revealed that Baby Gabriel had a heart defect. He was diagnosed with hypoplastic left heart syndrome (HLHS), a rare but surgically treatable heart condition. Babies with HLHS require immediate medical intervention after birth, including a series of three surgeries: the first within two weeks of birth, the second at four to six months, and the third between 18 months and five years old. According to the Cleveland Clinic, between 20% and 60% of babies with HLHS survive their first year, and one study found that most of those who made it through that first year were still alive at 18. Without treatment, the condition is almost always fatal. Upon hearing this diagnosis, West shared that the parents demanded she abort Baby Gabriel. "I knew in my soul and in my heart that I wanted to protect this little boy," she said. She didn't want to be forced to undergo a late-term abortion. That's when the legal battle began. According to West's attorneys at Alliance Defending Freedom (ADF) and First & Fourteenth, the California parents obtained a California court order establishing their parental rights and giving them authority over Gabriel's medical care, meaning they can choose to withhold it if desired. West claims that, despite requests, the parents will not agree to outside adoption and continue to fight to control Gabriel's medical care. (It is worth noting that the parents allegedly dispute West's characterization of their actions.) Even so, another development in the case emerged as West fled Alaska for Texas, hoping to find medical providers who would take pity on Gabriel once he was born. And they did. That is where we are today. Baby Gabriel Is Born! After months of legal back-and-forth, Baby Gabriel made his grand entrance into the world early. On Aug. 12 , he was born and is now being cared for in a Texas NICU. West's lawyers issued the following statement after the birth: "We are thrilled that the court's order calls for Baby Gabriel to receive the surgery necessary to save his life. And we are so grateful for Texas Attorney General Ken Paxton's heroic, invaluable efforts to preserve this precious child's life ... No woman should be forced to kill the baby she is carrying, and every child deserves a chance at life." Now we wait. The Texas courts have required medical care for Gabriel, but they've also issued a restraining order against McKenna, barring her from seeing or holding him, which went into effect right after she gave birth. The question of who will ultimately care for him remains unresolved, and West's attorney has said she would consider taking Gabriel if the courts allow it. McKenna says her hope is for Baby Gabriel to go to a loving household, "to have parents fighting in his corner." She says she prays that once they see him, once "they see how real this baby boy is ... I just pray that their hearts will soften." We've Been Here Before I wish I could say that this story is a one-off, but it is not. In fact, just a few years ago, in 2023, surrogate mom Brittney Pearson was confronted with a similar demand when she was diagnosed with breast cancer, and the intended fathers insisted she abort at six months. According to Pearson, "They wanted the baby completely gone ... they wanted the baby done." And they did not want anyone else to adopt. Pearson told Allie Beth Stuckey that she then had to deliver early. She could not confirm what medical care the baby received after birth; she said only that he was held for a brief time before he died. These stories are not isolated incidents; they speak to a broader rot surfacing in the surrogacy system. The Bodily Autonomy Question For years now, the affirmative case from pro-abortion groups has centered on the idea of bodily autonomy, whereas in previous decades, it centered on abortion being "tragic but sometimes necessary." Many of today's abortion supporters hang their hats on the argument that no matter what the woman wants to do, as long as the human life is inside her womb, she has the right to do with it as she sees fit: the child-as-property argument, the equivalent of the archaic "I brought you in, I can take you out." But McKenna's case flies in the face of all these claims. McKenna's womb was purchased for carrying a baby, and then, when a health complication with the baby's body arose, she was instructed to undergo late-term abortion surgery. In the situations of West and Pearson, both sets of purchasing parents, according to the surrogates, sought to determine what the women could do with their bodies by demanding an abortion. But in a real act of courage, both surrogate moms stood up to say, "Your child's bodily autonomy matters, too." McKenna understood what many self-described women's-rights groups refuse to admit: that the child she carried isn't merely an extra organ or limb but rather a person, not property. And in Baby Gabriel's case, a vulnerable human being with his own body and medical needs. Bodily autonomy shouldn't mean that a child can be treated as disposable, or that a woman can be contractually obligated to participate in his death. The bodily autonomy appeal should encompass protecting women from abortion coercion, protecting children from discrimination based on physical disabilities, and respecting everyone's need for medical care. But is that a bridge too far for women's groups? Where Are the Women's Groups? McKenna West has sent out a national plea for help asking not to be pressured into an abortion and for Baby Gabriel's immediate care. A worthy cause for any women's group to champion. But where are they? To date, not a single women's group that supposedly champions "bodily autonomy" has spoken out on or even acknowledged her case, as far as I can see. Radio silence from Planned Parenthood. Since this case went public, it has posted "Don't Share Anal Beads," "Free Bush Summer," and "Trans Women Are Women," but nothing on McKenna. Shout Your Abortion, Reproductive Freedom for All (formerly NARAL), the National Women's Law Center, and the Center for Reproductive Rights are equally silent. The last of these is exceptionally notable, as it represented cases of women in Texas seeking abortions. Why wouldn't they speak out for a woman who does not want to abort after a prenatal diagnosis? As of now, it's only pro-life groups that are standing up for McKenna and the baby. But this could've been a genuine point of agreement across all organizations. The bodily autonomy of West and Baby Gabriel could be championed. So why won't they? What Happens Next? McKenna West never set out to become the face of a national fight. She was a single mom trying to support her family, and she found herself carrying a little boy with a treatable heart defect. She decided his life was worth fighting for. Now Baby Gabriel is here. And McKenna is still fighting for him to receive the care he needs and to go to a loving home. A woman who stood up for both her own bodily autonomy and the bodily dignity of her child has found her loudest allies among pro-life groups, while the women's organizations that claim to champion bodily autonomy have remained silent. We don't know what will happen next, but we do know this case will have a major impact on the issues of surrogacy and abortion, and ultimately, most importantly, the life of Baby Gabriel.