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California couple and surrogate testify in Texas court over newborn dispute

Created at 25 Aug · 10:51 PM1 source↑ Market-relevant
IN SHORT

A California couple and their surrogate testified in a Texas court regarding a newborn with a life-threatening heart defect. The couple claims the surrogate is trying to deny them parental rights, while the surrogate seeks sole conservatorship to make medical decisions for the child.

Key Numbers

23 weeksgestational age when surrogate considered abortion
August 2025date surrogacy contract was entered

Who's Involved

Nausheen Gilkar
California mother testifying in Texas court
Omar Ahmed
California father testifying in Texas court
McKenna West
Surrogate mother seeking sole conservatorship
Lee Budner
Attorney for surrogate McKenna West
Jeff Domen
Attorney for surrogate McKenna West
Centers for Disease Control and Prevention
Source for hypoplastic left heart syndrome statistics

↳ Why This Matters

This case highlights the complex legal and ethical issues surrounding surrogacy, particularly when a child is born with a serious medical condition and there are differing views on the pregnancy's continuation.

Key facts

  • A California couple, Nausheen Gilkar and Omar Ahmed, are in a dispute with their surrogate, McKenna West, over their newborn son, Rumi (named Gabriel by West).
  • The child has hypoplastic left heart syndrome, a severe congenital heart defect.
  • The couple testified that the child's condition has worsened since birth and they are anguished by attempts to deny them parental rights.
  • The surrogate stated she considered an abortion at the couple's urging after learning of the diagnosis but ultimately did not go through with it.
  • The surrogate is seeking sole conservatorship to make medical decisions for the child, arguing the couple initially wanted to terminate the pregnancy.
  • A restraining order barring the surrogate from seeing the child remains in effect after the hearing.

A legal battle has erupted in a Texas court between a California couple and their surrogate over a newborn diagnosed with a life-threatening heart condition. Nausheen Gilkar and Omar Ahmed testified that their son, Rumi, has a severe heart defect and that the surrogate, McKenna West, is attempting to deny them parental rights. Gilkar stated the child's condition has significantly declined since birth, describing his suffering.

West, who is seeking sole conservatorship to make medical decisions for the child, testified that she considered an abortion at the couple's urging after learning of the diagnosis but ultimately chose not to proceed. She expressed belief in the child's potential for survival and a long life. West's attorneys have questioned the couple's commitment to the child's care, citing their initial desire to terminate the pregnancy.

The couple claims West violated their surrogacy contract, which they entered into after Gilkar underwent a hysterectomy. West, however, stated she is willing to fight for the child since the diagnosis and asked the court to disregard a California ruling that determined she has no custody rights. A restraining order preventing West from seeing or holding the newborn remains in effect, as the judge did not issue a final ruling on custody during the hearing.

Frequently asked questions

The newborn, Rumi, has hypoplastic left heart syndrome, a congenital defect where the left side of the heart is underdeveloped, preventing normal blood flow.

The surrogate, McKenna West, is seeking sole conservatorship to make medical decisions for the child, stating she believes the couple initially wanted to terminate the pregnancy after learning of the diagnosis.

The couple, Nausheen Gilkar and Omar Ahmed, claim the surrogate is unstable and trying to take their child from them, denying them parental rights.

The judge did not rule on final custody or conservatorship, and the restraining order barring the surrogate from seeing the child remains in effect.

What Happens Next

01The judge is expected to issue an order regarding custody and conservatorship.

How It Developed

A California couple and their surrogate testified in a Texas court over a newborn with a life-threatening heart defect.
The couple stated the child's condition has worsened and accused the surrogate of attempting to deny them parental rights.
The surrogate stated she was 23 weeks pregnant when she considered an abortion at the couple's urging but was uncomfortable with it.
The surrogate expressed belief the child has a good chance of survival and a long life despite the diagnosis.
Following the birth, the couple obtained a restraining order preventing the surrogate from seeing or holding the child.
The judge did not rule on final custody or conservatorship, leaving the restraining order in effect.

Sources

T1
California couple and their surrogate testify in Texas court as dispute over newborn escalatesAP News

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