Why Is a Texas Surrogate Fighting for Custody of a Baby After Parents Sought Abortion?
A Dallas custody battle has erupted after surrogate McKenna West refused to terminate her pregnancy despite the biological parents' request following their baby's heart condition diagnosis. Baby Rumi remains critically ill after emergency heart surgery as both parties fight for legal custody.
A surrogacy dispute has turned into a bitter custody battle in Dallas after the biological parents of a critically ill newborn asked their surrogate to terminate the pregnancy following a diagnosis of a serious heart condition. Nausheen Gilkar and Omar Ahmed had hired 28-year-old nurse McKenna West to carry their child after enduring eight failed rounds of IVF and a subsequent hysterectomy. As per a Daily Mail report, Gilkar broke down in court on Tuesday while describing the couple's long struggle to have a child, saying, "This was our only option."
Baby Diagnosed With Rare Heart Defect
Court proceedings revealed that the surrogacy contract permitted the intended parents to request termination if fetal abnormalities were detected. By April, doctors had found that the unborn baby had hypoplastic left heart syndrome, a serious condition in which the left side of the heart fails to develop properly and which often requires multiple surgeries soon after birth.
Gilkar has admitted that she and Ahmed asked West to end the pregnancy after the diagnosis, but insisted they never intended to withhold treatment from their son. The couple's lawyers also claimed that West's refusal to undergo an amniocentesis test denied doctors crucial information that could have aided the baby's treatment plan. Surrogacy Rules in India: Couples Opting for Surrogacy to Buy 3-Year Health Insurance for Surrogate Mothers, Says Govt.
Newborn Undergoes Emergency Heart Surgery
Baby Rumi was born on August 12 and required immediate medical intervention. Gilkar recalled the terrifying moments after delivery, saying doctors struggled to stabilise him and that a hospital chaplain was called in. The infant has since undergone genetic testing, bloodwork and the Norwood procedure, a complex open-heart surgery used to treat HLHS. His parents' legal team alleges the surgery was delayed because West would not undergo prenatal testing. Rumi remains in intensive care, with doctors expecting to need several more weeks to assess whether the operation was successful. SC on Surrogacy Act: ‘You Decided Not to Marry’ Says Supreme Court on Unmarried Woman’s Plea Challenging Surrogacy Act and Rules.
Surrogate Says She Chose To Protect The Baby
The situation escalated after West relocated to Texas without informing the biological parents and gave birth there, prompting Gilkar and Ahmed to travel to Dallas. A California court has already ruled in the couple's favour, recognising them as Rumi's sole legal parents, and a restraining order currently bars West from contacting the child.
West, represented by lawyers backed by the Alliance Defending Freedom, argues she should be recognised as the baby's mother since she carried and delivered him. She has filed for custody and is separately suing the couple for breach of contract after they allegedly stopped her surrogate payments. Defending her choice to continue the pregnancy, West told the court she believed the baby "deserved to be protected" and "deserved a chance."
Court Extends Restraining Order, Seals Future Hearings
Following a nearly five-hour hearing, Dallas County Judge Ashley Wysocki extended the temporary restraining order against West by 14 days while she weighs the custody dispute. The judge also ordered that all future proceedings in the case be sealed to protect the infant's privacy. Rumi remains in critical condition as the legal fight over his custody and future continues.
(The above story first appeared on LatestLY on Aug 27, 2026 10:09 AM IST. For more news and updates on politics, world, sports, entertainment and lifestyle, log on to our website latestly.com).