Times of India⚠heartbreaking circumstances, critically ill newborn
PBS
Nausheen Gilkar and Omar Ahmed hired McKenna West as a surrogate after multiple IVF failures. Following a diagnosis of hypoplastic left heart syndrome, the intended parents requested termination per the signed agreement, while West has refused and sought custody. The dispute centers on the enforceability of the surrogacy contract's termination clause under Texas law.
The case illustrates limits on contractual control over a pregnant person's decisions, prioritizing the carrier's autonomy even in commercial arrangements.
“Bodily autonomy as inalienable and critiques of surrogacy as potentially exploitative”
Conservative
The surrogate's refusal to terminate highlights protection of fetal life and resistance to agreements that enable selection based on disability.
“Sanctity of life and moral concerns over eugenic implications in reproductive contracts”
Libertarian
Voluntary contracts cannot authorize compelled medical procedures, leaving bodily control with the surrogate until birth.
“Negative rights and non-aggression principle over enforcement of personal agreements”
Devil's Advocate
All views overlook that Texas law renders termination clauses unenforceable and that the real issues involve post-birth parentage and damages rather than contract versus autonomy.
“Single-source limitation and incomplete examination of statutory requirements and custody precedents”