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Legal questions arise following a surrogate mother who refused to terminate the pregnancy at the request of the legal intended parents after the fetus was found to have hypoplastic left heart syndrome. Right and left media split in how they covered the story, with right outlets emphasizing anti-abortion stances and left outlets highlighting the legal intended parents' grief and rights.

The Details: Omar Ahmed and Nausheen Gilkar contracted McKenna West as their surrogate while West was living in Alaska. When the fetus was discovered to have hypoplastic left heart syndrome, the legal intended parents opted to terminate the pregnancy rather than have the child undergo multiple surgeries at birth to attempt to correct the life-threatening condition. The surrogate refused to have an abortion, instead traveling to Texas to birth the child. Texas Attorney General Ken Paxton has intervened to ensure the newborn receives the necessary medical care within the state. West is also seeking custody of the child.

For Context: The surrogacy contract between West, Ahmed, and Gilkar allowed the intended legal parents to end the pregnancy via abortion, according to New York Times (Lean Left bias). Paxton secured a temporary restraining order that requires the child to stay in Texas to receive medical care until a hearing in late August. The order also requires the legal parents to provide "medically indicated, lifesaving treatment" to the baby. The county also issued a restraining order against the surrogate mother, West, banning her from presenting herself as the child's parent in any circumstance. Texas law states a woman who gives birth to a baby is that child's legal parent, meaning that at the hearing in late August, a judge will decide whether the legal contract Ahmed and Gilkar signed with West gives them legal parental rights and the right to make medical decisions for the baby.

How the Media Covered It: The Post Millennial (Right) described the baby's condition as a "treatable heart defect," while New York Times described it as "rare and life-threatening." Post Millennial also referred to the baby as "Gabriel," which was a name chosen by West, despite the legal intended parents choosing a different name for the child. New York Times quoted Ahmed and Gilkar's attorney, saying, "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." It also quoted the president of anti-abortion group Live Action, who said, "They [the parents] were treating her baby like a product. The product had a defect, and so they were trying to send it back."

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