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A heartbreaking interstate surrogacy story has become the latest cause célèbre for social conservatives: one that seems to scramble the conventional politics of reproductive health.

The so-called baby Gabriel case began when McKenna West, a surrogate from Alaska, learned that the child she was carrying had hypoplastic left heart syndrome, a serious congenital disease. West and the child’s genetic and intended parents, Nausheen Gilkar and Omar Ahmed of California, dispute what happened next. West asserts that Gilkar and Ahmed pressured her to terminate the pregnancy; Gilkar and Ahmed assert that West initially agreed that termination would be best and even made an appointment before changing her mind.

Whatever the case, West eventually decided she wanted to continue the pregnancy. She then made contact with the anti-abortion group Live Action. From there, her story went viral in the conservative media ecosystem. After Live Action paid for West to travel to Texas, Ken Paxton, the attorney general and GOP Senate candidate, secured an emergency order preventing West from taking her unborn child out of the state and requested that local hospitals provide lifesaving care for him if needed. West has since given birth, and Gilkar and Ahmed have custody, as well as the power to make medical decisions. West, who is barred from presenting herself as a parent, cannot visit the child because of a restraining order. She, in turn, is pursuing custody of the boy, whom the couple have named Rumi.

Surrogacy cases can be complicated, and this one is no exception. State laws on the subject vary considerably, with some prohibiting commercial surrogacy and others liberally permitting it and even issuing parentage orders before birth. There is no comprehensive federal legislation on the subject, which increases the uncertainty about the outcome........

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