Texas court hears dispute over custody of newborn with heart defect

A Texas judge heard arguments on Tuesday from a California couple and the surrogate who delivered their newborn, who has a life-threatening heart defect. The parents, Nausheen Gilkar and Omar Ahmed, said the infant’s condition has worsened and asked the court to maintain a restraining order that bars the surrogate, McKenna West, from seeing the child. West, a nurse who traveled from Alaska for the birth, is seeking sole conservatorship to make medical decisions.

The baby, identified by the parents as Rumi and by West as Gabriel, was born on Aug. 12 with hypoplastic left heart syndrome, a rare congenital condition that can be fatal without surgery. Court filings state the child is in critical condition and has required multiple interventions, including a blood transfusion.

West testified that she was 23 weeks pregnant when the couple urged her to arrange an abortion, but she chose to continue the pregnancy, believing the child had a good chance of survival. She argues that the parents have not guaranteed that the child will receive life-saving surgeries and therefore should not retain parental rights.

Gilkar’s attorney cited a California court ruling that found West had no legal or physical custody rights under the surrogacy contract signed in August 2025. The attorney also highlighted the couple’s medical history, noting Gilkar underwent multiple IVF cycles and a hysterectomy before entering the surrogacy agreement.

The judge did not issue a final custody or conservatorship order during the hearing, leaving the restraining order in place. The case underscores the complex legal landscape of surrogacy, which varies by state and lacks federal regulation.

"We believe Ms. West is the mother of this child," said West’s attorney, Lee Budner.

"He’s our child," Gilkar said while testifying, describing the infant’s deteriorating health.