Surrogate Dispute Over Newborn’s Care Intensifies

A critically ill newborn, caught in a contentious custody battle involving a surrogate, has been placed back on a breathing tube after complications arose following open-heart surgery, as per recent court filings.

The baby is currently in serious condition and under close observation at the hospital, according to intended parents Nausheen Gilkar and Omar Ahmed, who shared details in documents obtained by a news outlet.

The couple stated that their child experienced potential complications after undergoing a Norwood procedure, which is intended to address a severe heart defect, requiring re-intubation after their condition deteriorated overnight.

In a Dallas courtroom, Gilkar and Ahmed confronted surrogate McKenna West amidst their legal battle over the baby’s medical decisions. This situation has attracted significant attention nationally since West reportedly declined the couple’s prior request to terminate the pregnancy after their baby was found to have a life-threatening heart condition.

Gilkar and Ahmed refer to the child as Rumi, whereas West, a cardiac nurse from Alaska, names him Gabriel and is seeking sole conservatorship, which would grant her authority over medical choices.

Gilkar expressed that they have been by their son’s side throughout his treatment. She indicated that since the surgery, he has been struggling with breathing, choking on tubes, and requiring a blood transfusion, per court reports.

“He’s our child,” Gilkar emphasized, also accusing West of attempting to take him away from them, stating, “She’s trying to take him from us.” The couple described their newborn as “the love of our lives,” stressing that he is enduring a lot of suffering.

The custody dispute ignited after the baby was diagnosed around 20 weeks with hypoplastic left heart syndrome (HLHS). West asserts that Gilkar and Ahmed requested her to abort the pregnancy after the diagnosis, a request she declined before moving to Texas to give birth.

HLHS results in one side of the heart being underdeveloped, which disrupts normal blood flow. Without appropriate treatment, the condition can be fatal within days or weeks, according to health officials.

West’s legal representatives urged that the court ensure the baby receives critical care. West mentioned to the judge that she would abandon her custody claim if the court confirmed that the intended parents were dedicated to maintaining that care, according to the reports.

Meanwhile, Gilkar and Ahmed have asked for a delay in a hearing regarding a temporary restraining order that temporarily grants them custody as the legal proceedings unfold.

This custody battle is merely one facet of a larger legal confrontation with West. Prior to the baby’s birth, Gilkar and Ahmed lodged counterclaims exceeding $100,000, alleging West breached their surrogacy agreement and inflicted emotional distress. They claimed to have paid West $60,000 during the pregnancy concerning a termination agreement. West has denied the accusations and requested the court to dismiss the claims.

Since the baby’s birth on August 12, the dispute has grown increasingly personal. West shared in a recent opinion piece that she had just about a minute with the newborn before he was taken away shortly after birth. A court order currently prevents her from seeing or holding the baby.

On Tuesday, the judge upheld that order and did not immediately resolve the broader custody issue. Meanwhile, Texas Attorney General Ken Paxton secured an emergency court order before the birth to ensure that necessary medical care would not be delayed or obstructed and alerted local hospitals of their responsibility to provide life-saving treatment.