McKenna West Fights Biological Parents' Restraining Order, Says She's The Mother
Surrogate McKenna West I'm The Mother, Let Me See Gabriel!!!
McKenna West is fighting back against the temporary restraining order preventing her from seeing baby Gabriel ... claiming she is presumptively the legal mother of the child in the state of Texas, where the baby was born.
According to court docs obtained by TMZ, McKenna says a Texas judge signed off on the temporary restraining order ... but she says they got it all wrong.
McKenna gave birth last week to the baby she calls Gabriel after the biological parents, Nausheen Gilkar and Omar Ahmed, asked her to abort the baby due to a heart defect. The temporary restraining order gives custody and full decision-making authority to the infant's biological parents, who are from California.
In the new filing, McKenna claims the judge issued the order in violation of the law. She says she is the presumed parent under Texas law and insists the order violates her rights.
McKenna claims the parents did not show Gabriel was in any danger in her care ... she says the opposite is true, because she wanted the kid to have life-saving surgery.
She said the parents' restraining order petition request "is a Trojan horse using McKenna's desire to save the child's life as a ruse so that the [biological parents] can deprive McKenna of her inherent parental rights to make imminent medical decisions."
McKenna wants the court order tossed and is asking the judge to authorize her to make medical decisions for Gabriel.
The biological parents already authorized a complex heart surgery ... and the child is recuperating.