The California couple who are fighting their surrogate, McKenna West, for custody of their baby boy are slamming Texas Attorney General Ken Paxton for helping out McKenna ... TMZ has learned.
In court docs filed in Texas, Nausheen Gilkar and Omar Ahmed, the parents fighting for their biological baby, called out Paxton for interfering in the case.
Nausheen and Omar say the state's request to intervene and get authorization for medical treatment for the child would deprive them of their "fundamental constitutional interest in the care, custody, control and medical decision-making for their child without constitutionally adequate notice, process, and opportunity to be heard … in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution."
The biological parents argue Paxton does not have standing to intervene in the case … and insist the Department of Children and Family Services should be the agency handling the case, not the Attorney General.
As TMZ first reported, McKenna is in a nasty court fight with Nausheen and Omar, who she claims demanded she abort the baby after they found out it had a birth defect. They argued the surrogacy contract had a clause allowing them to request a termination of the pregnancy in these circumstances, which McKenna had to comply with to avoid violating the contract.
As we previously reported, McKenna rushed from Alaska, where she lives, to Texas to give birth.
The baby was born on August 12, and McKenna named him Gabriel … but the biological parents claim she had no authority to name the child. They also deny the claim that they had any intention not to provide medical treatment to their son after he was born, saying they wanted the opportunity to consult with doctors to make informed medical decisions for the child as his parents.
In court docs, Paxton and his office claimed the case is far from an ordinary contract dispute, saying "[o]nce the child is born alive in Texas, he will be a complete legal person, and Texas will protect his life without regard to the circumstances of his conception or the terms of any private agreement.”
The biological parents were granted a temporary restraining order giving them full decision-making authority over the child. However, in Paxton's filing, he said he feared the biological parents would not give treatment to the kid in Texas or place the kid in an ambulance to California and let him die.
Paxton asked for a hearing to appoint a guardian for the baby to determine the next best steps for medical treatment. Nausheen and Omar call BS. They said they have "consistently sought the opportunity to consult” with doctors about their kid and make the best decision.
The case is ongoing.
Comments
Post a Comment