Texas court hears custody fight over infant with rare heart defect
A newborn with hypoplastic left heart syndrome remains in critical condition as a Texas court deliberates custody and conservatorship between the biological parents and the surrogate mother.
A Dallas courtroom heard arguments on Tuesday over the custody of a newborn diagnosed with hypoplastic left heart syndrome, a rare condition that affects fewer than 1,000 infants annually in the United States. The infant, born on August 12 in Texas, is receiving intensive medical care and has undergone multiple surgeries, blood transfusions and ventilation support.
Biological mother Nausheen Gilkar told the judge that she and the baby’s father, Omar Ahmed, consider the child their son and expressed concern about the surrogate’s attempts to obtain custody. The couple has a temporary restraining order that bars surrogate McKenna West from seeing or holding the infant. The judge did not issue a final ruling on custody or conservatorship during the hearing.
West, a nurse who traveled from Alaska to serve as the surrogate, argues that she should have sole conservatorship to make medical decisions for the child, whom she calls Gabriel. She testified that she became uncomfortable with an abortion appointment she had scheduled at the couple’s request when she was 23 weeks pregnant, and that she believed the baby had a good chance of survival despite the diagnosis.
The biological parents contend that West violated a surrogacy contract that included a clause permitting termination of the pregnancy. Their attorney cited California court records indicating that West has no legal or physical custody rights under the agreement. West’s counsel, Jeff Domen, cited Texas law that defines the birth mother as the child’s legal mother and maintained that West should be recognized as such.
State Attorney General Ken Paxton previously secured a ruling to ensure the infant receives life-saving treatment in Texas, and a county judge issued an emergency order preventing the parents from removing the child from the state while the case proceeds. Surrogacy arrangements are not regulated at the federal level, and state laws vary, creating legal ambiguities in cases such as this.