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Ukraine Attacks Russia In Massive Aerial Assault Overnight; Indianapolis Mayor Declares Local Disaster Emergency; Florida Voters Head To The Polls Tuesday For Primary Elections; Civilian Or Spy, Why The FBI Gunned Down Russian-born U.S. Citizen; Polls Find Widespread Disapproval For Trump On Gas Prices; California Couple's Multi-State Surrogacy Dispute Raises Legal And Ethical Questions. Aired 6-7p ET

Aired August 16, 2026 - 18:00   ET

THIS IS A RUSH TRANSCRIPT. THIS COPY MAY NOT BE IN ITS FINAL FORM AND MAY BE UPDATED.

[18:00:08]

BRIAN ABEL, CNN HOST: You're in the CNN NEWSROOM. I'm Brian Abel in Atlanta.

New tonight, Ukraine attacking Russia in one of Kyiv's largest aerial attacks of the war. Local authorities say at least six people were killed in the attacks. Russia says it shot down more than 800 Ukrainian drones overnight. Nearly 200 of those over the Moscow region.

Ukraine is increasingly firing at targets deep within Russia, including warehouses Kyiv claims are supplying the Russian military. Russia firing back at Kyiv overnight with a mix of drones and missiles. Ukraine's air force says it did not shoot down any of the ballistic missiles, again highlighting Ukraine's short supply of missile interceptors.

And we are joined now by CNN military analyst, retired U.S. Air Force Colonel Cedric Leighton.

Colonel Leighton, what do you read into Ukraine strategy here in launching these massive attacks, while their own defense is hampered by this shortage of interceptors.

COL. CEDRIC LEIGHTON, CNN MILITARY ANALYST: Yes, Brian, good to be with you. One of the things that is critical here with the Ukrainian effort is they're trying to saturate the Russian air defense and missile defense systems. So the sheer number of drones that they're sending, those 800 that the Russians say they intercepted, that of course is a percentage of what was actually sent.

And what that shows is that the Russians, yes, they do have some anti- drone capabilities. Absolutely. But there are drones that are getting through. And basically what you're seeing here is the Ukrainians are going after certain set of targets that are designed to hamper Russia's war effort. They know they can't defeat Russia on the ground, but they can defeat Russia or at least move it to a stalemate in the air and in the drone war.

And the drone war has basically taken over almost every aspect of this war, with the exception of what's going on in the eastern front. The drone war is really one of the most important aspects. And what that shows is that the Ukrainians have at least been able to not only take the war to certain areas of Russia. They've also impacted the supply chain that the Russians have for their war effort. And that has had some significant issues.

ABEL: OK. So it sounds like what you're saying is that Ukraine is trying to make Russia choose defense over offense to some extent in the air. Knowing Ukraine, however, has this shortage of missile interceptors, how does that influence Russia's strategy?

LEIGHTON: So what Russia is going to do is they're going to use as many ballistic missiles as they possibly can. They know that the Ukrainians don't have the Patriots. They don't have other systems that would potentially intercept any ballistic missiles that they are sending. The Russians have an advantage in this obviously. Plus, they're also targeting civilian infrastructure. So they're doing things on several fronts.

They want to overwhelm the Ukrainian missile defenses, which, you know, they're obviously doing a pretty good job of. They're also trying to prevent the West, the U.S. included, from sending missiles of the Patriot variety and similar varieties to Ukraine. And that, of course, makes a big difference as well. So what the Russians are trying to do is overwhelm the Ukrainians and attack civilian infrastructure.

The Ukrainians are in a situation where they have few defenses, but they are also punching back in a different area. And that is an effort to throw the Russians off balance.

ABEL: And quickly, Colonel, on this point, how does these dynamics that we're talking about here impact the front lines of the war with these attacks deep into each other's territories?

LEIGHTON: So the impact is not discernible in, you know, in many areas on the front line right now because what you see on the eastern front is basically a stasis. In other words, the front line has been frozen to a large extent. There is some movement around Kostyantynivka, which is a town in the Donbas region. The Russians are trying to take that, but so far they have not succeeded. And that, of course, is important as well. So in essence, we have a stalemate on the ground. But the air war and the drone war really is continuing at this point.

ABEL: Which would mean that this war would drag on further if the front lines aren't moving? Is that correct?

LEIGHTON: Yes, to a large extent. Now what -- of course, there's also an economic aspect to this and the Russians are impacted by a lot of the sanctions. Plus, they also have limitations when it comes to the number of troops that they can send. They're getting more North Korean troops in, about 50,000 potentially, that could be on the front line there. And that, of course, does make for a, you know, for a potential difference there.

But they will -- the Russians will probably fight for as long as Putin wants them to fight. And that, of course, is going to be the deciding factor at this point.

ABEL: And, Colonel, I want to get your expertise on another front. President Trump tonight saying the U.S. will reduce the military exercises conducted with ally South Korea, citing his positive relationship with North Korean leader Kim Jong-un and what he described as South Korea's lack of assistance with Iran.

[18:05:14]

South Korea is an ally. What do you see as the impact of this announcement?

LEIGHTON: This could have some serious impacts on our relationships in the Pacific realm. South Korea is a critical ally for us. And, oh, by the way, they pay for a large portion of those exercises. They also pay for the upkeep of U.S. troops in South Korea. So the idea that we're paying for everything there is absolutely false. The other aspect of this is that the relationship that he has, that President Trump has with Kim Jong-un is I would characterize it as ephemeral at best.

And, you know, to put your stock in a relationship like that and really limit exercises when first of all, we've paid our portion of that already. The things that we do in those exercises are critical for the joint defense, not only of South Korea and Japan, but also for defense of the United States as well. And, you know, in this particular situation, what you're seeing is the North Koreans are getting an advantage, really an unforced error on our part.

And it's going to damage the relationship that we have with the South Koreans. And that's not a good thing.

ABEL: All right. Colonel Cedric Leighton, grateful for your expertise and time, as always. Thank you, sir.

LEIGHTON: You bet. Brian, thank you so much.

ABEL: In the Midwest, more than five million people remain under flood watches as the region faces more storms tonight. Officials in hard-hit Indiana say at least six people have died, including a 4-year-old boy who was killed after a tree fell on his home.

Dramatic video of flooding in Indianapolis, where the raging waters tore apart a roadway. And this is the moment a family was evacuated from high flood waters by first responders. They climbed into a rescue boat being pushed through the street. And one homeowner who evacuated returned home by canoe to find this, flood waters nearly reaching the second floor of his home. Water from the nearby white river pouring over its banks and flooding the neighborhood.

President Trump approving an emergency declaration for Indiana authorizing FEMA to coordinate federal disaster assistance.

CNN meteorologist Allison Chinchar is tracking the next threats.

(BEGIN VIDEOTAPE) ALLISON CHINCHAR, CNN METEOROLOGIST: From severe thunderstorms to flooding to heat, we've pretty much got it all on the map today. The severe thunderstorms are really going to be focused here just to the east of the Rockies so areas of Colorado, Wyoming, New Mexico, and then spreading east with that system.

You also have the potential for some very heavy rainfall and flooding, yes, unfortunately, in some of the same areas that have been dealing with flooding for the last week. That includes the Ohio Valley. But now the focus really starts to become more of the mid-Atlantic, especially for today. So areas of West Virginia, Pennsylvania, Virginia, Maryland, and even portions of eastern Ohio.

We've already had ongoing showers and thunderstorms throughout many of those states so far today. It continues through the evening hours. Again, you can see by about 10:00 tonight, still some heavy showers around Washington, D.C., to the east of that spreading into areas of Maryland, Delaware, New Jersey, New York. But you also have this cluster here throughout portions of the Midwest.

So areas right around St. Louis going to be looking at some more strong thunderstorms moving in overnight. And then even as we get into the early portions of Monday, Cincinnati, once again getting hit with some very heavy rain. Same thing around Louisville, but you also still have a lot of showers that are wrapping up across the northeast. So folks headed out on their morning commute, say, in Boston, New York, could be looking at some showers and thunderstorms around the area that you could have to contend with.

By late Monday, again, still looking at that next round across portions of the northeast and mid-Atlantic, just adding to that potential for flooding. On the southern side the big story here is heat and record heat for some of these areas. Unfortunately, it's also going to be a multi-day event. You look at Sunday's forecast, again, 103 is the feels like temperature. So this is taking into account the air temperature but also the humidity.

A lot of those in the triple digits here across the south, not just today, but Monday and even into Tuesday. So it's that prolonged effect for many of these areas. Take Dallas, for example, the average high this time of year, 96, so we get it, it's already very hot. But every single one of the next seven days, that temperature is actually expected to be in the triple digits.

(END VIDEOTAPE)

ABEL: All right, Allison, thank you.

Let's bring in Jacob Spence, the emergency management director for Indianapolis and Marion County now.

And, Jacob, Indianapolis specifically has faced pretty severe flooding this weekend. What is your city's greatest need right now?

JACOB SPENCE, EMERGENCY MANAGEMENT DIRECTOR, INDIANAPOLIS AND MARION COUNTY: Right now, like most people, we just need the water to go down. Thankfully, we're trending that way. You know, residents have been mostly safe. We've had a good record during this time as far as keeping people safe and people heeding our warnings. And right now we just need to go down so we can get into the next steps.

[18:10:02]

ABEL: And Indianapolis's mayor says the flooding is the worst the city has seen in more than 30 years. You've been dealing with the severe weather for days. How are people there holding up? What are they telling you?

SPENCE: They're doing well. You know, responders and residents alike are obviously, you know, they've been through a lot in the last 48 to -- you know, 72 hours. And, you know, but Hoosier hospitality is alive and well. And here in Indianapolis, it's no different. We're seeing communities helping each other. Our responders are putting in the work and getting and performing some rescues on those first few days.

And now we're seeing, just as we expect any time, like I said, communities are helping each other, and we're already seeing those volunteers coming out, helping to get people back to normal.

ABEL: And President Trump approved the governor's emergency declaration last night. What does that mean for the community, for the help that you all will be getting?

SPENCE: Yes. So, you know, that's big for all of our communities here in central Indiana that are facing this. Hopefully it will mean that, you know, we will work with the state like we always do. We have a great relationship with our state here from the local and the county being the city of Indianapolis. But hopefully that will open up some extra assistance for families, especially because this was a flood.

It's always a little bit more nerve-wracking than some of the other weather situations and issues that face a homeowner with their homeowner's insurance. And so just working through that. So hopefully FEMA can help in that regard once they review everything and make those determinations.

ABEL: And that's what I was going to ask. Has that assistance started in any way, shape or form just yet, or is FEMA waiting for things to clear out before that begins?

SPENCE: I do know that some of the calls that we have with the state on a daily basis, FEMA -- there are FEMA officials here on the ground. We have not seen them locally just yet, but that's not uncommon still in this type of situation. We ourselves are still waiting for some of the water to go down so we can get into some of these areas and start making assessments and pushing that information out.

ABEL: Jason, can you just walk us through what the previous 24 or 48 hours have been like? How many -- Jacob, how many rescues there have been?

SPENCE: Yes. So, you know, as most of the country saw, this started earlier in the week northeast of us. And then it slowly came down. Originally, we weren't supposed to get as much water, but then when we got more thunderstorms in relation to the weather we already had, you know, Friday was really when we started to hear that it was going to be a serious event. And obviously, you know, a 35-year event, and about Friday night, late Friday night into very early Saturday morning, we started getting an influx of calls from those individuals that needed assistance.

The Indianapolis Fire Department, in conjunction with a number of other of our partners here in Marion County and surrounding counties, conducted 90 -- or 56 water rescue calls, rescuing 100 individuals and 48 pets in just about an eight hour period of time by midnight Saturday night. And so that was the -- that was the largest day for us was that Saturday during -- we were lucky the crest of the river came a little bit quicker and came during daylight. So that helped with keeping individuals safe and making sure we could see really what was going on.

ABEL: I'm sure, I know those people are grateful, as are we for all the first responders there.

Jacob Spence, thank you for your time.

SPENCE: Thank you.

ABEL: Still to come, this week, primary voters will decide some high profile races that could expose deep divisions within the Republican Party. What the results could signal about the GOP's direction. Plus a CNN investigation looks into the FBI killing of a Russian born American citizen. The questions his family still have after this rare shooting.

And later a brash art heist caught on camera. Three French masterpieces taken in three minutes. How police tracked down the stolen paintings.

You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:18:49]

ABEL: It's almost primary day in Florida. Voters in the Sunshine State will head to the polls on Tuesday. Divisions in both parties are on display in a number of high profile races set to take place this week up and down the ballot.

Larry Sabato, the director of the Center for Politics at the University of Virginia, is joining us now to break this all down for us.

And, Larry, I want to start with the top of the ticket. There's a messy intraparty fight happening over the Republican gubernatorial primary. Congressman Byron Donalds has establishment support as well as the backing of President Trump. However, current Governor Ron DeSantis has refused to put his support behind Donalds.

Could this become a problem for DeSantis down the road?

LARRY SABATO, DIRECTOR, CENTER FOR POLITICS, UNIVERSITY OF VIRGINIA: Well, it could be a problem for DeSantis if he runs for president again in 2028, which there's been talk of. Of course, it could also be a problem for Donalds if, in fact, he is the nominee. He's heavily favored, at least in the polls, and lately we found out how accurate primary polls are. But we'll have to see how it turns out.

But it is interesting that DeSantis has basically drawn a line in the sand and is sending a message, I guess, to President Trump, too, Trump endorsed Byron Donalds and Donalds endorsed Trump rather than his own Governor DeSantis in the 2024 race for president. So there's a little bit of evening the score here, too.

[18:20:13]

ABEL: There's another major primary race in Florida this week that's taking place in the state's 20th Congressional District there. Longtime Democratic Congresswoman Debbie Wasserman Schultz is running in a historically black district despite pushback from fellow Democrats. Her current district, it was split up when the state's congressional maps were redrawn.

What considerations will voters be taking into the ballot box there on Tuesday for that race?

SABATO: Well, just setting the scene a little currently, she has four opponents and all of them are black Democrats. So if there is a consensus that she needs to exit because she's -- she would be representing a black district, it's going to be very difficult to achieve that with four black opponents.

Now, aside from that, Democrats were very unhappy with her, and they have been at other times in the past, but they were very unhappy that instead of running in her currently numbered district, that was greatly redistricted and she would have had less of a chance to win, she chose to take a black district that would have been represented by probably a black Democrat at a time when blacks are losing members of the black caucus substantially because of redistricting, and also a Supreme Court case involving Section Two of the Voting Rights Act.

ABEL: OK. Also, we've, Larry, started to see a clear divide among Democrats this election cycle. Progressives taking on and winning against establishment backed Democratic candidates. How do you see this playing out in the general elections, and what do you think this means big picture for the future of the party?

SABATO: Let's remember that most of these Democratic socialists, most of them, have been nominated in heavily Democratic districts. Now, the one everyone is focusing on is Michigan for the U.S. Senate. But of course, El-Sayed says he's not a Democratic socialist. He is a progressive, but he's not a socialist. So it gets more complicated when you get down to the particulars.

And there really aren't that many of them. You know, people have been comparing this to the Republican rebellion in 2010 called the Tea Party. Well, the Tea Party had 139 candidates running for the House of Representatives, and many of them won. I count 12 to 15 max among the already winners or likely winners among Democratic socialists for the Democrats. So I think we are expanding the field a little too quickly.

ABEL: And, Larry, I do want to ask you about this. There was one race where the establishment candidate did ultimately win against a more progressive candidate. That was in the Wisconsin Democratic gubernatorial primary. I think that you hinted at it a little bit here. There have been questions about the polling leading up to that race.

Here's how CNN's Zachary Wolf put it. "The most recent independent poll that met CNN's standards had been conducted in late July by Marquette University. In that poll, Hong was indeed ahead by double digits. Francesca Hong ultimately lost."

What was your takeaway from what we saw there?

SABATO: It was very useful because it reminded people, again, if we need any reminders, that you shouldn't over rely on polling and especially in primary races. Now, Marquette is very good. Marquette Law School, I think, does a lot of their polling. They're very good and they have an excellent record. The problem is, as several excellent analysts and sites like strength in numbers have pointed out, there's a 13 percent variable on the results of primary polls.

That is, they're off on average by 13 points. Well, most elections are decided by well under 13 points. So it's good for us. It's good for the system. It's good for the parties. Look at the polls. They're fun. I go through them every day. And then I've learned at my advanced age to throw them over my shoulder. Forget about it.

ABEL: I don't know how many other people would call looking through polls each day fun. But, Larry Sabato, I'm glad that you do and provide us your expertise afterwards. Thank you, sir.

SABATO: Thank you, Brian.

ABEL: And be sure to watch CNN for the primary results from several states. "ELECTION NIGHT IN AMERICA." Live coverage begins Tuesday at 7:00 p.m. Eastern on CNN and on the CNN app.

Still to come for us, a CNN investigation asks why the FBI gunned down a Russian born U.S. citizen with high level security clearance. We will hear from the man's son about what happened and what the FBI told him.

You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:29:16]

ABEL: A real life spy story. A Russian born American citizen shot and killed by the FBI hundreds of miles from his home. The agency won't say why, but now a CNN investigation reveals he was living a secret double life. Agents shot and killed the man in 2024.

And CNN's Isabelle Chapman has spent more than a year trying to figure out whether he was a civilian or a spy. CNN investigative reporter Isabelle Chapman is now joining me.

And, Isabel, what did you find?

ISABELLE CHAPMAN, CNN INVESTIGATIVE CORRESPONDENT: I learned that FBI shootings are rare. I wanted to figure out what had happened, and the FBI wasn't saying anything. All I knew was that the man, Ilya Belozerov, was a Russian immigrant with one of the highest levels of government security clearance.

[18:30:02]

He was killed hundreds of miles from home. And it made me wonder, did the FBI think he was a spy? I started calling relatives, co-workers, anyone I could think of that knew him. And that's when we learned he'd been working for a satellite imaging company on a contract with the U.S. Department of Defense.

We obtained Ilya's bank records, his passports, court documents, to piece together what had happened. In the final weeks of his life Belozerov had been fired. He drained his bank account, and he signed over power of attorney to his teenage son. And then he vanished. His son told me, he said things took a turn a few weeks before Belozerov died. He took his dad to the airport. He had been planning to fly to Eastern Europe. And you can listen to what happened next.

(BEGIN VIDEO CLIP)

UNIDENTIFIED MALE: I came home and he's in the driveway with all his luggage, and I'm like, Dad, what are you doing here? And that's when he started telling me that he got interrogated by the FBI. He told me that he's in trouble, that he has to go. And he started packing up all of his stuff. He thought that the FBI were coming to arrest him. I asked him, so what exactly we're they asking you about? And he said, and I'm quoting him, something to do with Ukraine and a laptop.

(END VIDEO CLIP)

ABEL: OK. So, Isabelle, do you know where Ilya went when he disappeared?

CHAPMAN: I do. I actually met and talked with a husband and wife who spent the last few days of Belozerov's life with him. They said Belozerov offered them $30,000 to drive him to the border. It was a life-changing amount of money for them because they were living in their truck, but they never made it. Belozyorov was shot and killed in a hotel parking lot the morning they were supposed to leave.

(BEGIN VIDEO CLIP)

KENNON GREEN, SPENT BELOZEROV'S LAST DAYS WITH HIM: When we walked out the next morning, I opened the back door to the truck and when I looked over my left, there's like 12, 15 guys, you know, pointing their weapons at us. And I looked at the guy. I said, is my friend all right? And he said, I don't know. We lit him up pretty good. I said, is my friend dead? And he goes, yes.

(END VIDEO CLIP)

ABEL: OK. So learning all of this, what does Belozerov's family say?

CHAPMAN: I mean, his family wants answers, but the FBI really doesn't have to give them. I spoke with Belozerov's ex-wife and his son, and they're obviously devastated. The FBI has told them nothing about why agents shot and killed Belozerov. His family feels there needs to be more accountability here.

ABEL: OK, so if the FBI didn't say anything to the family, did the FBI give you any answers?

CHAPMAN: The FBI declined to comment on this story. But after more than a year of reporting, sources told us that agents had been investigating Ilya Belozerov. But there's a twist to this story that really surprised all of us who worked on it. I'm not going to give it away here, but you'll have to find out to watch.

ABEL: That is an excellent tease, and we will. Thank you, Isabelle.

And to see Isabelle's full story and to find out those answers, "Civilian or Spy?," watch now on the CNN app.

President Trump says he will never apologize for the war that's driven up gas. Ahead, we run the numbers about how voters are feeling about that increase.

You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:38:10]

ABEL: U.S. energy officials say there will likely be a limited number of tankers getting through the Strait of Hormuz in the next few weeks. That will likely keep up the pressure on gas prices with the midterm elections just over two months away. Today's national average price is $4.07 a gallon, according to AAA. The highest August on record for the national gasoline average.

CNN chief data analyst Harry Enten breaks down what voters think of President Trump's handling of gas prices and how his numbers compare historically.

HARRY ENTEN, CNN CHIEF DATA ANALYST: Hey there, Brian, happy Sunday to you.

Look, gas prices still above $4 in the United States of America, at least on average. And it just feels like the American people can't catch a break. And while I like you, Brian, I can tell you that the American people very much dislike, dare I say, President Trump when it comes to gas prices. Not a huge surprise, given of course where gas prices are, but it's to a historic degree the hatred for President Trump on gas prices.

Look at this. OK. Highest disapprovals on gas prices by president. Look where President Trump is in 2026. We're talking about, on average, a disapproval rating of 79 percent. That is about four in five Americans who disapprove of the job that President Trump is doing on gas prices. Joe Biden never reached that level. He was at 72 percent. Barack Obama never reached that level. His highest was 68 percent. Even George W. Bush never reached that level. He was at 75 percent.

So Donald Trump breaking records in the ways that you, simply put, do not want to be breaking records when it comes to gas prices and how Americans view the job that he is doing. Now, why? Why is President Trump have a historically high disapproval rating on gas prices? Well, simply put, you can't reach 79 percent just by Democrats disliking the job that you're doing or dare I say, hating it.

[18:40:00]

Look at this. It crosses party lines. You get the rare trifecta. Yes, you get 96 percent of Democrats, that's not so surprising, who disapprove of the job that President Trump is doing on gas prices. But how about independents? 85 percent of independents disapprove of the job that President Trump is doing on gas prices. And then, of course, that tried and true Republican base that is stuck with Donald Trump through thick and thin.

Even they, a majority of them, 52 percent disapprove of the job that President Trump is doing on gas prices. This, simply put, are the types of numbers that, if you're a Republican running in these midterm elections, you do not like, you very much want to be running away from President Trump, at least how it comes to how Americans view him on gas prices.

Now, what is driving this? Why are these numbers so low? You know, you go back to the 2024 campaign. President Trump put up a historically strong performance for Republican candidate among working class voters. That is, those making less than $50,000. And this is what is driving it. Look at this. Disapprove of Trump on gas prices. Among those making under $50,000 per year. Among them all look at this number, 86 percent.

You can't get 86 percent of Americans or even a subgroup of Americans who are not a partisan subgroup to agree on anything. But they do, they do, when it comes to gas prices. Disapproving of President Trump among those making less than $50,000. More than that look at this across the different parties. We get 66 percent. A very unlucky 66 percent indeed of Republicans making under $50,000 who disapprove of the job that President Trump is doing on gas prices.

How about, get this, 90 percent, 90 percent of independents who make less than $50,000 disapprove the job of President Trump on gas prices and 93 percent of Democrats who disapprove of the job that President Trump is doing on gas prices amongst those making less than $50,000.

You know, I'm sometimes a little hesitant to make predictions, but if these numbers hold for the midterm election, Brian, I really don't understand how it's not going to be a very good night for Democrats indeed.

And speaking of good nights, I wish you a good night and hope you have a lovely rest of your Sunday.

ABEL: Oh, very nice of you, Harry. You as well.

When we come back, the multistate legal battle between the parents and a surrogate over a baby born with a severe heart defect.

You're in the CNN NEWSROOM.

(COMMERCIAL BREAK)

[18:47:14]

ABEL: A California couple and their surrogate are at the center of a growing legal and political fight spanning multiple states. McKenna West says she was 20 weeks pregnant when doctors told her the fetus she was carrying had a life-threatening heart condition that can require multiple complex surgeries. West says the couple asked her to get an abortion after learning about the diagnosis, citing a clause in their surrogacy contract.

West refused to terminate the pregnancy and went to Texas, where the case ended up in court. Texas Attorney General Ken Paxton intervened and a Dallas judge ordered the child to receive life sustaining treatment. On Wednesday West gave birth at a Texas hospital. The couple's attorney told the "Texas Tribune" the baby is receiving medical care and scheduled to undergo surgery, and went on to say, quote, "our clients' only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with him."

But according to the surrogate's attorney, she has not been able to see or hold the baby because of a restraining order obtained by the couple. In court documents, the couple accused West of breaching their surrogacy contract and say a California court determined she has no rights to legal or physical custody. They also deny in court filings that they intended to refuse surgery once the baby was born.

According to the Associated Press the child is required to stay in Texas until at least another court hearing later this month.

And joining me now is Nidhi Desai, president-elect at the Academy of Adoption and Assisted Reproduction Attorneys.

And, Nidhi, how unusual is this dispute? Because it sounds awfully complicated.

NIDHI DESAI, PRESIDENT-ELECT, ACADEMY OF ADOPTION AND ASSISTED REPRODUCTION ATTORNEYS: This dispute is very unusual in the world of surrogacy. You know, thousands of people enter into surrogacy arrangements every year, and I'm happy, or at least grateful to say that this has come up almost never in the 30 years -- almost 30 years I've been practicing.

ABEL: OK. So help us go through this. Many surrogacy contracts include provisions about medical decision-making. What role do those provisions play? How far can they go legally?

DESAI: Well, to take a step back, before the contract process even starts, there's the matching process. And during that matching process, there are psychological screenings, legal representation and medical screenings. And one of the functions of the psychological consultations is to talk to each party about their feelings with regard to pregnancy, termination and reduction, and are there circumstances under which they'd feel comfortable doing.

[18:50:09]

So, generally, what these contracts do is kind of memorialize what everyone is feeling in that regard. But ultimately, at the end of the day, it is the surrogate's decision whether to terminate a pregnancy.

ABEL: OK. And when a surrogate moves to a different state mid- pregnancy, because I imagine that happens from time to time in these situations, does it completely upend the original contract?

DESAI: It doesn't upend the original contract so much as create a series of complications. So, you know, medical care has been established in the state in which originally the contracting happened and parentage in many cases has been established in that state. So everything needs to be set up again, insurance, all of those issues.

So in a circumstance where, say, someone gets a new job and they have to move, it can be very complicated. And then everyone tries to kind of unravel everything and figure it out. And this particular case is obviously a little different in that the circumstances were not the same.

ABEL: And how do surrogacy contracts balance this bodily autonomy of the surrogate and the rights of the intended parents at the same time?

DESAI: So the moment the baby is born, the intended parents have sole legal and physical custody over the child and make all medical decisions for the child. In this particular case, you know, a decision was made after, you know, and just again, to take a step back, most of us, when we have to deal with these horrible issues, we deal with them in the privacy of our own homes, with our spouses and our loved ones, trying to make these really difficult decisions.

And of course, in this case, that wasn't possible. And once the surrogate decided not to terminate the pregnancy, then the intended parents started reaching out to physicians and tried to start making a plan as to what to do when the baby is born. So the way that the contracts deal with these issues is to kind of talk about what the expectations are of each party, while acknowledging that ultimately, you know, at the end of the day, the surrogate makes the decisions over her body.

ABEL: OK. Does this case highlight any gaps or inconsistencies in surrogacy laws across states as you see it?

DESAI: I think this case just highlights, you know, the tragedy that kind of a confluence of horrible events coming together, and had there been an opportunity for a little more communication at that moment where they could have all agreed, OK, let's go to the intended parents' home state where they have family and friends and support, and the physicians they need. Then the outcome of this could have been very different.

The, you know, thankfully, and I've been in touch with the family, the physicians in Dallas are incredible and are working with the, you know, the other team of doctors that will hopefully be taking over at some point. But the goal is to make sure that everyone is in the most kind of comfortable setting, when they're starting to have to deal with the situation where their child is born with this tubes and, you know, prognosis that is uncertain.

ABEL: Sure. And maybe this is another step back, but given the totality of this case and the complexities of it, what advice do you have for intended parents and surrogates alike?

DESAI: I think the thing to remember about all of this, and this has certainly been true all of my career, surrogates enter into these arrangements voluntarily. They have, you know, historically had easy pregnancies. They can't imagine the idea that intended parents could never have a child because they can't undergo a pregnancy. And intended parents, you know, enter into this with the expectations that they will have a child at the end of all of this and none of us ever imagined when we enter into a pregnancy that we're going to be having to deal with these difficult situations.

So I think my advice to both parties is just to really keep that communication open, to be very honest from the beginning, and thoughtful. And of course, you know, we can all hypothesize about what we do in a given circumstance and feel differently in the moment. But the more communication that's open, the better for all of the parties and this arrangement and this circumstance is just such an outlier that it's not representative, you know, at all of the experience that most of us have had over time.

[18:55:10]

ABEL: That's great perspective to keep in mind.

Nidhi Desai, thank you very much for your time.

DESAI: Thank you.

ABEL: Ahead next hour, tracking the impacts of Tropical Storm Lala. Emergency crews are spread across Hawaii and the governor telling people to stay sheltered. Our continuing coverage is ahead. Plus, nearly 30 years after Tupac Shakur was shot dead, a man goes on trial accused of being a mastermind behind the murder. What you can expect in court.

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