Texas court hears testimony in surrogacy dispute over newborn with heart defect

A California couple and the surrogate who carried their child appeared before a Dallas judge on Tuesday to argue over custody of a newborn diagnosed with hypoplastic left-heart syndrome, a rare congenital heart defect. The couple, Nausheen Gilkar and Omar Ahmed, said the infant’s condition has worsened since birth and that a restraining order preventing the surrogate, McKenna West, from seeing the child remains in effect.

West, a nurse who traveled from Alaska for the delivery in Texas, testified that she was 23 weeks pregnant when she scheduled an abortion at the couple’s request but later decided to continue the pregnancy, believing the baby had a good chance of survival despite the diagnosis. She is seeking sole conservatorship to make medical decisions for the child, whom she calls Gabriel.

Gilkar and Ahmed, who refer to the baby as Rima, argue that West violated their surrogacy contract and that they intend to provide the necessary surgeries and care. Their attorney cited California court records that found West has no legal or physical custody rights. West’s lawyer, Jeff Domen, questioned the couple’s commitment to the child’s medical treatment, noting their earlier request for termination.

The judge did not issue a final ruling on custody or conservatorship during the hearing, and the existing restraining order was left unchanged. The case highlights the complex legal landscape of surrogacy, which varies by state and lacks federal regulation.