Texas court hears surrogate's request for sole conservatorship of newborn with heart defect

A newborn diagnosed with hypoplastic left heart syndrome was placed back on a breathing tube after his condition worsened following a Norwood procedure, according to recently filed court documents. The infant, referred to as Rumi by intended parents Nausheen Gilkar and Omar Ahmed and as Gabriel by surrogate McKenna West, remains in critical condition under close hospital observation.

In a Dallas courtroom on Tuesday, Gilkar and Ahmed contested West’s petition for sole conservatorship, which would give her exclusive authority over the baby’s medical care. The couple maintains they have been present at the bedside and consented to the surgery performed on August 17, after doctors deemed the child eligible for the procedure.

"He’s our child," Gilkar said, adding that the baby has struggled to breathe, required a blood transfusion and has been intubated again since the operation.

West, a cardiac nurse from Alaska, argues that the court should ensure the infant continues to receive life-saving treatment and indicated she would withdraw her custody request if the parents are committed to providing such care.

The dispute stems from an earlier disagreement in which West says the intended parents asked her to terminate the pregnancy after the heart defect was diagnosed at about 20 weeks; she refused and later traveled to Texas for the birth. The parents have filed counterclaims seeking more than $100,000, alleging breach of the surrogacy agreement and emotional distress, while West seeks dismissal of those claims.

The judge left in place a prior order barring West from seeing or holding the baby and postponed a decision on the broader custody and conservatorship issues. Texas Attorney General Ken Paxton previously obtained an emergency order to prevent delays in medically necessary care for the infant.