Texas court places newborn with hypoplastic left heart syndrome in parents' custody after surrogacy dispute
A baby born with a rare heart defect is now under the care of his parents following a Texas court order that denied the surrogate any post-birth contact.
A baby born on Wednesday in Texas with hypoplastic left heart syndrome, a rare congenital heart defect, has been placed in the physical custody of his parents, Nausheen Gilkar and Omar Ahmed of California, according to their attorney. The court order, issued after Texas Attorney General Ken Paxton intervened, requires the child to receive lifesaving medical treatment and assigns medical decision-making authority to the parents.
The parents had previously asked the surrogate, McKenna West of Alaska, to terminate the pregnancy after learning of the diagnosis months earlier. West refused and traveled to Texas before the birth, prompting the attorney general to seek a court order to ensure the infant receives necessary care. The ruling also barred West from any contact with the child after birth.
Lee Budner, representing Gilkar and Ahmed, said the parents are now focusing on the baby’s health and following the medical team’s advice. "Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center," Budner said.
West’s lawyer, Lincoln Davis Wilson, indicated that his client intends to challenge the parentage order, arguing that Texas law designates the birth mother as the child’s legal mother. Wilson noted that, aside from the known heart condition, the infant’s signs are positive and that he is being treated at a facility with a strong record of successful surgeries.