McKenna West surrogacy legal battle

A California couple hired Alaska resident and nurse McKenna West to serve as a gestational surrogate; after testing at 20 weeks showed a life-threatening heart defect the parents asked for termination, West instead traveled to Texas and delivered a baby boy who is in critical condition after undergoing the first of multiple surgeries. The child, the genetic parents, and West are now engaged in litigation that raises contract, medical‑decision and multi‑state law conflicts.

The parents are suing for control over the child’s medical decisions and seeking more than $100,000, alleging West breached the surrogacy agreement. Per the transcript, the written contract was drafted to conform to California law, but performance and events span three states: California (contract law), Alaska (where West lived when she carried the pregnancy), and Texas (where delivery occurred). Harry Nelson, identified as a healthcare lawyer, author and policy expert, frames the dispute as a potential master class in contract law because courts must decide which state laws govern when parties cross state lines.

Key legal flashpoints Nelson cites include: (1) whether Texas will honor the California surrogacy order under the constitutional full faith and credit provision or permit a Texas court to invalidate it; (2) Texas statutory requirements that gestational surrogate arrangements obtain advanced court approval, which prompted the Texas Attorney General to be prepared to intervene; and (3) who has authority to make medical choices for a child with a disability. Nelson forecasts that the case will be influential going forward and will reshape how surrogacy contracts are drafted and how parties assess cross‑jurisdiction risks.

[inferred from repeated references to timing, locations and 'advanced court approval']