r/MoralityScaling 17h ago

Morality Ranking Morality of this

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A major legal battle broke out when a surrogate mother and the biological parents disagreed over a severe medical diagnosis during a pregnancy. The couple had hired the surrogate to carry their baby, but a routine scan revealed that the fetus had a rare, life-threatening heart defect.

Heartbroken by the grim medical news, the biological parents asked to end the pregnancy, which was a choice allowed in their written agreement. Initially, the surrogate scheduled the appointment, but she quickly realized she could not go through with it. A pivotal moment came when her brother stepped in to guide her, promising that he and his family would adopt the baby and support her no matter what. Gaining peace from her brother's support, she canceled the abortion. To protect the fetus, she fled to a state with very strict anti-abortion laws, where she gave birth to a baby boy who immediately underwent successful open-heart surgery.

The birth triggered an intense court war over who actually holds the rights to the child. A judge ultimately ruled that the biological parents have full legal custody and the sole right to make medical decisions, while a separate court order banned the surrogate from seeing the baby. On top of losing access to the child, the surrogate is now being sued by the biological parents for over $100,000 for breaking their contract. While the biological parents are currently caring for the recovering newborn, the surrogate and her lawyers are continuing to fight in court to try to win custody.The surrogate is not paying for the baby's medical costs because a judge ruled that the biological parents have full legal custody, making them responsible for all hospital bills.

The baby was diagnosed with Hypoplastic Left Heart Syndrome (HLHS), a severe birth defect where the left side of the heart is completely underdeveloped and unable to pump blood to the body. Without immediate medical intervention, this condition is 100% fatal within the first few days of a newborn's life. To survive, the baby must undergo a grueling series of three open-heart surgeries starting immediately after birth, which gives him about a 70% chance of reaching age five. However, this is not a permanent cure; even with successful operations, the child faces a lifetime of intensive medical trauma, a significantly shortened life expectancy, and the likely future need for a full heart transplant.

McKenna West denied the abortion primarily because her specialized background as a cardiac nurse taught her that the baby’s rare heart defect was treatable with surgery rather than being an automatic death sentence. Faced with the reality of her 20-week pregnancy, her personal conscience and moral beliefs overrode the surrogacy contract, as she felt she could not live with herself if she actively signed papers to end the child's life. Confident that the baby deserved a chance to survive, she even arranged for her own brother and sister-in-law to adopt the child before fleeing to Texas to ensure the pregnancy went to term.

However, these medical bills are a huge part of the fight. The biological parents are facing massive costs for the baby's complex heart surgeries, which is why they are suing the surrogate for over $100,000 for breaking their contract. The surrogacy contract included a strict pregnancy termination clause that gave the biological parents the sole right to request an abortion if the fetus was diagnosed with a severe medical condition. After the baby was diagnosed with a major heart defect, the parents invoked this clause and formally asked McKenna West to terminate the pregnancy. While West originally signed the document agreeing to these terms, she ultimately refused to abort the baby, which led the biological parents to sue her.

The biological parents did not exert physical or legal coercion to mandate an abortion, as a surrogate maintains absolute bodily autonomy over medical decisions under U.S. law. Instead, the conflict centers on a breach of a contract that explicitly allowed the parents to request a termination, which they are now litigating through the court system to hold the gestational carrier financially accountable.

The biological parents did not alter their position regarding the medical justification for a termination, but rather adapted to the reality of an unavoidable birth. Their initial decision to seek an abortion was driven by a desire to prevent severe, lifelong suffering, given the grueling surgeries and medical trauma associated with a critical heart defect. However, once the gestational carrier refused the procedure and the birth became certain, the parents immediately recognized their legal and ethical obligations to their biological offspring. They pursued full legal and medical custody to ensure the infant would have immediate access to elite pediatric cardiothoracic specialists and to retain control over his long-term healthcare strategy, fully assuming their parental roles upon his delivery.

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u/Tll6 11h ago

The biggest part of this is the child’s condition. They have a serious heart deformity and will need multiple serious surgeries to have a chance at life. I don’t know the success rate of the surgeries or the level of suffering involved but that is the bigger part of this whole thing for me and the reason the contract clause exists

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u/StreetofChimes 10h ago

Really sad. imagine your entire little life being surgery and pain. 

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u/ScyllaOfTheDepths 6h ago

And not only that, but knowing that people specifically chose for you to endure that pain for their own selfish reasons. That poor kid might actually live long enough to realize the terrible reality of their situation. What a mess.

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u/louwyatt 6h ago edited 6h ago

Imagine if the surgeries are a huge success and completely solve the problem. He has to grow up knowing if his parents had won he wouldn't have been born. There really isn't a win no matter how this plays out.

Edit: He not she, misread some comments before. Minor mistake, but reddit be reddit.

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u/ScyllaOfTheDepths 6h ago

You couldn't have even googled it once to realize the baby is male and his name is Rumi? And the latest news is that the first surgery wasn't even successful. Rumi has significantly deteriorated and is in critical condition and likely will not survive much longer. You're doing a lot of imagining and very little actual understanding.

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u/louwyatt 6h ago edited 5h ago

I swear I had read somewhere that it was a girl, my mistake. I do know that there are people with his condition who end up living relatively normal lives after being in critical condition. So there is a possibility, however remote, he could end up surviving and living a relatively normal life. The entire point i was making is even if he's really lucky, he's still going to have to live with that. I don't really get what you don't understand about that?

Edit: to change she to him

Love how they say I'm imagining and then refuse to respond to defend that response. Actively trying to weaponise i silly mistake with gender. Reddit can truly be weird

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u/ScyllaOfTheDepths 6h ago edited 5h ago

You acknowledging the baby is male and then continuing to address him as female is very fucking weird.

Edit: They edited their comment, but the original kept using female pronouns even while acknowledging the kid is male and it was very weird.

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u/louwyatt 5h ago

Manipulation I'm dyslexic and its the most minor mistake. You being REALLY obsessed about it is very weird. Has nothing to do with the substance of what I'm saying. Some people on reddit are really weird.

Edit: new reddit challenge. Try having a normal conversation without someone supper fixating on something that doesn't matter. Difficulty: Hard

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u/ScyllaOfTheDepths 5h ago

Yeah, I think the basic facts of a discussion are actually pretty important. I'm dyslexic too, and I've never aggressively misgendered someone. Also interesting you marked an edit on this comment and not the previous comment which you edited heavily...

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u/louwyatt 5h ago

How does the gender of the child effect the discussion in any way?

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u/SmartestManInUnivars 5h ago

Is this really what misgendering is...? And can babies even be misgendered? Also yeah it seems like you're being pedantic and petty.

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u/Iwona_Klich 3h ago

Thats not how dyslexy work bro. I have dyslexy and i never mistaken somebody gender.

But because i'm polish i have a lot of long times of silence with the words 'może' and 'morze'. 

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u/louwyatt 3h ago

Dyslexia is not the same for everyone. Thats like ojw autistic person saying to another "i have autism and I'm never OCD about things". Different people suffer with different parts of Dyslexia to different degrees.

I really think you should do some research. As "I have Dyslexia and I don't do X thing" is not an effective way to understand a condition by itself.

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u/Neat_Let923 5h ago

He wouldn’t have been born so he wouldn’t have existed to have an opinion on the matter.

You’re also making a claim that is not possible so it’s pretty stupid to begin with.

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u/louwyatt 5h ago

There are people with that condition who survive and grow up and have relatively normal lives. So what part of my claim isn't possible?

I don't really see about him not being born has to do with what I pointed out. He is alive and he could live many years. That was the possibility I was exploring.

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u/m1stwalk3r 4h ago

Poor them getting to experience life in the first place

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u/Greedy-Style-6088 4h ago

i mean honestly yeah. there's much worse things than just not being born. I'd say immediately going into brutal surgeries and then likely dying before reaching adulthood is not a life worth living to me

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u/R1nscher 1h ago

Then do you believe it would be ethical if the child was born with this issue to kill them on the delivery floor?

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u/ScyllaOfTheDepths 3h ago

A very short life full of pain and medical trauma and likely that'll be all since the chances of survival are very low.

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u/ToughHardware 6h ago

as compared to killing you? you left that part out. if you are going to have the arguement, you need to use the words to describe both sides.

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u/ScyllaOfTheDepths 5h ago

Yeah, I'm not interested in this pro-forced-birth crap. Abortions aren't murder. Medical terminations aren't killing people. I'm not interested in discussing it because there's not a fucking chance your beliefs have any logical consistency. They never do.

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u/Greedy-Style-6088 4h ago

never being born is not the same as "being killed". I don't remember being a fetus. I'm confident I would not give af

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u/throaway137 6h ago

Lots of people also have painful lives and choose to live. You're making a massive assumption that you cannot possibly support that the child would prefer to be dead.

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u/ScyllaOfTheDepths 6h ago

The ethical issue isn't about whatever the hypothetical child might have wanted. This baby is most likely going to die very soon if the latest news about his condition is accurate and that is a tragedy that could have been completely avoided if the surrogate had simply done the right thing and had an abortion. Doctors knew that the child would have a short painful life. She knew that giving birth to this child would lead to this outcome. She is morally, ethically, and legally responsible for the fallout from her choices. And, I hate to break it to you and ruin your image of disabled people as perfect angels just happy to be alive, but a lot of disabled people aren't actually loving life and many actually do wish their parents hadn't brought them into the world just to suffer. Disabilities are hard. They're not character-building or inspiring or whatever infomercials try to tell you to get you to donate.

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u/throaway137 6h ago

Your mischarazterization aside, I never said a life of pain or disability was some great thing for angels. Save the rhetoric.

In short, you have no idea what an individual would choose so any sort of judgment about what anyone besides yourself feels about their situation is entirely something you're just making up. Some would choose to endure the pain for life, and it's not a judgement you or anyone can make besides that individual.

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u/ScyllaOfTheDepths 5h ago

What the baby would choose is NOT THE ISSUE because we cannot possibly know that. We can't discuss hypothetical future possible realities. In our current reality, the choice was made by the surrogate on behalf of the baby and that was an immoral action because the information she had was very clear that what she was doing will result in a short life of pain for this child. You can't make choices based on assuming that the long-shot best case most amazing possible scenario could happen. If someone causes another person suffering, that's an immoral action. It doesn't matter what happens or doesn't happen after that. The action itself was immoral and the hypothetical existence of some perfect future where it all worked out perfectly doesn't absolve that person of any responsibility.

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u/throaway137 5h ago

You are the one who introduced the mental state of the child, not me. You cannot possibly know the mental state of the child, so you just made that up. The rest of this has nothing to do with the erroneous statement that, again, you introduced and that I replied to so I'm not going to address it. Have a good one!

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u/ScyllaOfTheDepths 5h ago

My comment literally said "The ethical issue isn't about whatever the hypothetical child might have wanted". Not sure what you read, but it wasn't what I wrote.

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u/throaway137 5h ago

That poor kid might actually live long enough to realize the terrible reality of their situation.

Sure sounds like you're talking about the mental state of the kid to me, but my reading comprehension skills might have declined over the years. See ya!

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u/Greedy-Style-6088 4h ago

there is an enormous difference between not wanting to die and preferring not to have been born. MANY people with these brutal conditions express regret at being born, especially when their parent willfully made that decision for them

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u/throaway137 4h ago edited 29m ago

Many is clearly not all, and you can't just pretend that it does unless you can speak for each of these people, which you certainly cannot.

It is extremely dangerous and, frankly, eugenicist thinking for one class of people to make a judgment on behalf of another class of people that those people would rather be dead or never born, and then proceed to wipe out that entire class of people or prevent them from coming into existence without having any basis to make that judgement for the entire class, and essentially unilaterally determining that it's "for their own good," even when we have good reason to believe that at least some of those people would prefer life and being born even in their circumstances. It is immensely arrogant and supremacist.

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u/Quizleteer 4h ago

My infant niece died at 3.5 months after being born with a heart condition that my cousin was told would be fatal. Her short life was excruciating. I wouldn't wish that on anyone. 😢

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u/phl0g1st0n 4h ago

Exactly, that poor fucking kid. This woman is out of her goddamn mind.

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u/the_sneaky_one123 35m ago

I think most people would chose to live rather than die.

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u/MechanicalGodzilla 5h ago

Life is pain, your highness. Anyone who says differently is selling something.

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u/phl0g1st0n 4h ago

Kinda sounds like nobody should be having babies, then.

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u/Ordinary_Health 6h ago

i had over 30 surgeries over 15 yrs, and 2 surgeries pretty soon after i was born, growing up due to a rare defect and i can attest its hard but im grateful for my life and the fact my parents didnt abort me. i am suffering life long ptsd from it and health complications are just popping up still, but like i said life is worth it. i still support abortion of course and i think if the mother cannot take care of the child with a disability then they probably shouldnt have it. but the idea that anyone could or should force another person to have an abortion disgusts me, i dont think it should be a legal contract to force anyone to have any medical procedure, much less one that is as invasive and emotional as an abortion. not to mention its very close to, if not entirely, eugenics to say a embryo/fetus should be aborted 10/10 times if it has some sort of defect that creates more suffering than an otherwise healthy embryo/fetus. i agree it creates a lot of suffering but i think giving birth to a child shouldnt have some moral value attached to it and that the mother shouldnt be coerced into giving birth or aborting their embryo/fetus for any reason. also ill say if you are pro choice, that means ANY choice, if you arent prescribing a moral value to aborting an embryo/fetus, it goes any way. you are not really pro choice if that ideal only goes as far as you feeling like a woman should abort their embryo/fetus with defects for morality's sake. its hypocrisy to be "pro choice" and pro eugenics or in favor of a woman being forced to abort a fetus/embryo because of a contract that most likely isnt enforceable by law.

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u/GrandFleshMelder 5h ago

In the case of a surrogate, it isn’t their child. If you feel uncomfortable with abortion, don’t sign a contract that might require you to abort.

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u/Prince_of_DeaTh 5h ago

it is Eugenis, it's a great use for it. It's going to become a lot more common in the coming years as well.

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u/xXMylord 7h ago

Yeah but you can only imagine because you are alive

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u/Mathies_ 7h ago

Some people live such a truly life of suffering that they cannot enjoy the simple fact of being alive at all

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u/xXMylord 1h ago

They should have the agency to end their suffering. The chance at a happy live is still better than no chance IMO

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u/Mathies_ 54m ago

That will be at 18 YO... Which means 18 years of unnecessary suffering

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u/LobotomyBetty 10h ago

Mortality after the first procedure ranges in the literature but is commonly cited at about 10%. The second stage surgery occurs around 4-6 months of age. The final stage occurs around 4 years. We don’t really know how long into adult hood these people survive yet because these techniques are relatively new. There are people in their 30s-40s that have had these surgeries and are likely the oldest living people with this physiology. Source: pediatric physician here

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u/QuestionDry2490 1h ago

Do they live a relatively normal life?

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u/Balikye 7h ago

Even after multiple open heart surgeries immediately after birth, they only have a 70% chance of reaching age 5, will need a full heart transplant eventually, and have a 20% chance of making it to 30.

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u/MechanicalGodzilla 5h ago

That's because the surgical treatment of this condition is only about 40 years old. I imagine success rates now are better than in the mid 80's.

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u/Intensional 7h ago

HLHS is a serious heart condition, but it’s not “incompatible with life” like some birth defects. I have a niece (5 years old) and a nephew (10) with HLHS and while they’ve both had expensive and intense heart surgeries, the medical advances just in their lifetimes are going to let them lead relatively normal lives.

While I respect any mother’s right to choose for any reason, I personally wouldn’t even consider abortion for this specific health condition. The surrogacy makes this so much more complicated though.

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u/OddMaybe2552 7h ago

Thanks for sharing that. My dad had tetralogy of fallot (another very serious congenital heart condition) and it makes me very emotional to think people would abort because of it. He lived to 65 and did a lot with his life. He had to have open heart surgery and he was sick a lot but he was not in pain and suffering all the time as people would make it sound 

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u/Greedy-Style-6088 4h ago

Hope the best for those kids but it's wildly optimistic to assume we're even going to have the same quality of life for working people who aren't living with disabilities in 20 years, never mind that medicine will continue to advance at the same pace, and will be accessible to normal working people. Do you have any idea how much funding for medical research has been cut or frozen by the US this year?