A California couple involved in a high-stakes legal dispute with their surrogate over a newborn with a severe heart defect told a Dallas court on Tuesday, August 25, 2026, that the child’s medical condition has deteriorated significantly, according to the Associated Press. Biological mother Nausheen Gilkar testified during the hearing that surrogate McKenna West broke their surrogacy contract by refusing to terminate the pregnancy and is now attempting to gain custody of the infant.
Surrogate Custody Battle Centers on Medical Decisions and Abortion Disagreements
During the Tuesday court session in Dallas, lawyers for West stated that the Alaska nurse is seeking sole conservatorship to make medical decisions for the newborn, whom she calls Gabriel, according to the Associated Press. Meanwhile, biological parents Gilkar and her husband, Omar Ahmed, stated in court documents that they named the infant Rumi. The couple argued that West violated their surrogacy agreement by failing to comply with their decision to terminate the pregnancy after a 20-week fetal diagnosis, and noted that a California court previously determined West has no legal or physical custody rights to the child.
Newborn Faces Critical Condition Following Hypoplastic Left Heart Syndrome Diagnosis
The newborn suffers from hypoplastic left heart syndrome, a rare congenital defect affecting fewer than 1,000 newborns annually where one side of the heart is underdeveloped and restricts normal blood flow, according to data from the Centers for Disease Control and Prevention cited by the Associated Press. Gilkar testified on the witness stand that the infant has no blood flow to the left side of his heart and has struggled since undergoing a post-birth surgical procedure. “He’s suffering a lot,” Gilkar told the court, describing how the baby has gasped for air, choked on medical tubes, and required a blood transfusion.
Interstate Conflict Intersects With Texas Abortion Restrictions
The case highlights a national intersection of surrogacy, parental rights, and abortion access, drawing involvement from pro-life groups supporting West and Republican lawmakers who expedited court proceedings to keep the baby in Texas, according to the Associated Press. West, who traveled from Alaska to Texas and gave birth on August 12, told the court she was 23 weeks pregnant when she scheduled an abortion at the couple’s insistence but ultimately felt uncomfortable proceeding. Texas bans nearly all abortions, carrying penalties for providers that include up to 99 years in prison, license revocation, and fines.
Did You Know?
Hypoplastic left heart syndrome affects fewer than 1,000 newborns each year in the United States, according to the Centers for Disease Control and Prevention, and requires immediate medical intervention for survival.
Frequently Asked Questions
What medical condition does the newborn have?
According to court documents and the Associated Press, the newborn has hypoplastic left heart syndrome, a congenital heart defect that prevents normal blood flow.
Who is seeking custody of the baby?
Biological parents Nausheen Gilkar and Omar Ahmed are disputing custody with surrogate McKenna West, who is seeking sole conservatorship to make medical decisions for the child, according to the Associated Press.
What was the outcome of the Tuesday court hearing?
According to the Associated Press, the judge did not issue a final ruling on custody or conservatorship during the Tuesday hearing, and a restraining order barring West from seeing or holding the child remained in effect.