Texas court hears dispute between Los Angeles couple and surrogate over newborn with heart defect

A Dallas courtroom heard testimony on Tuesday from Nausheen Gilkar and her husband, Omar Ahmed, who say the newborn they named Rumi is in critical condition after being born with hypoplastic left heart syndrome. The couple alleges the surrogate, 23-year-old nurse McKenna West, is attempting to obtain sole conservatorship to make medical decisions for the child, whom West calls Gabriel.

West testified that she was 23 weeks pregnant when she scheduled an abortion at the couple’s request but later decided to carry the pregnancy to term, believing the baby had a good chance of survival despite the diagnosis. After giving birth on Aug. 12, the couple secured a restraining order that bars West from seeing or holding the infant. The judge did not issue a final custody or conservatorship ruling, and the restraining order remains in place.

Court filings submitted by the couple’s attorney state that the baby’s condition has worsened, describing complications such as lack of blood flow to the left side of the heart, respiratory distress, and the need for a blood transfusion. Gilkar said the child “has no blood flow to the left side of his heart” and that he has required extensive medical support.

West’s legal team argues that Gilkar and Ahmed failed to guarantee that the child would receive life-saving surgeries and that the couple asked her to terminate the pregnancy after learning of the diagnosis. West’s attorney, Jeff Domen, asked Gilkar repeatedly whether the couple had sought an abortion, and indicated that West would relinquish any custody claim if the court found the couple committed to the child’s medical care.

The couple maintains that West breached their surrogacy contract, which was signed in August 2025 after Gilkar underwent multiple rounds of in-vitro fertilization and a hysterectomy. They cite California court records that found West has no legal or physical custody rights, a ruling West disputes.

Surrogacy law varies by state, and there is no federal framework, leaving room for differing interpretations of contractual and parental rights.

"He's our child," Gilkar said, wiping away tears. "She’s unstable. She’s trying to take him from us," Gilkar added about West. "I knew that this baby, despite the diagnosis, had a great chance at survival and a great chance at leading a long life," West said. "Would you trust somebody to care for your child that wanted your child dead?" Domen asked Gilkar.

The hearing provided the most public presentation of the dispute to date, and the case remains unresolved pending further judicial orders.