Chris Smith calls for lifesaving care for unborn child in surrogacy dispute
The appeal comes as McKenna West’s due date approaches and a court considers who will determine the child’s medical care after birth.
Rep. Chris Smith, R-N.J., called for an unborn baby boy to receive lifesaving medical care after his surrogate mother refused the intended parents’ request to abort him following the diagnosis of a serious heart condition.
In an Aug. 10 press release, Smith, co-chair of the Congressional Pro-Life Caucus, expressed support for McKenna West amid a legal battle over custody and whether the child will receive medical care after his birth.
“Ms. West has demonstrated heroic courage and love for this baby,” Smith said. “According to reports, despite the threat of financial ruin, she refused to abort the baby boy, filed for custody, and relocated to Texas near a hospital that is equipped to begin treatment for his condition after he is born.”
The child was diagnosed with hypoplastic left heart syndrome during a 20-week ultrasound, according to an Aug. 11 report from National Right to Life News. The intended parents later requested that West undergo an abortion and sued her after she refused.
West is seeking custody to ensure the child receives the surgeries needed to treat the condition. She has said she would withdraw her custody claim if the intended parents agreed to pursue the treatment, according to the outlet.
According to court documents cited by National Right to Life News, a doctor described the child as a standard-risk patient, indicating a low risk of death following the first of three expected surgeries.
West’s due date is Sept. 2, leaving the court to determine who will make decisions about the child’s medical care after he’s born.
“With Ms. West’s due date fast approaching on September 2, 2026, and the two sides vying to decide whether the baby boy receives care,” Smith said, “the courts should act decisively to reject the lie that having a diagnosed disability makes this baby unworthy of life.”
Surrogacy law varies by state, and the U.S. has no comprehensive federal law governing the practice, as Zeale News previously reported.
Smith also called for the child’s life to be protected under the law.
“We must remain committed to building a nation that values human life, insists upon equal justice under the law, and respects the rights and dignity of the disabled and vulnerable,” he said. “The Courts should immediately give custody of this baby to those willing to welcome him, protect him, and ensure that he has a chance to receive care that could save his life.”
