In a complex and emotionally charged legal saga, the fate of a baby born with a critical heart defect hangs in the balance as a surrogate defies the biological parents’ desire to terminate the pregnancy. The case has sparked intense debate and legal scrutiny.
The conflict involves the baby’s biological parents, Omar Ahmed and Nausheen Gilkar, clashing with Alaska surrogate McKenna West. This highly publicized case has drawn the eyes of anti-abortion advocates, political figures, and legal entities spanning three states, all increasingly invested in the outcome.
Ahmed and Gilkar claim that West violated their surrogacy agreement, arguing that she lacks any legal claim to the infant. Conversely, West maintains that the couple pressured her to terminate the pregnancy at the 20-week mark, following an ultrasound revealing the child’s heart defect, as reported by The Associated Press.
Defying their wishes, West traveled to Texas, where she delivered the baby on August 12, backed by the conservative Christian group Alliance Defending Freedom. Her current goal is to secure custody of the child, as detailed by KTLA.
In a dramatic turn just a day before West gave birth, Texas Attorney General Ken Paxton obtained an urgent court order to mandate medical centers to provide essential care to the newborn, underscoring the state’s stance on protecting the child’s life, as highlighted in a statement from his office.
Meanwhile, the baby’s biological parents—who have since traveled to Texas to be with him— secured a temporary restraining order against West, barring her from making any medical decisions or having “any possession of the child.”
Los Angeles Couple Omar Ahmed and Nausheen Gilkar Says McKenna West Broke Their Surrogacy Contract
The couple entered an agreement with West—a nurse—through Worldwide Surrogacy Specialists in August 2025, according to The Associated Press.
About 20 weeks into the pregnancy, however, doctors discovered that the fetus had hypoplastic left heart syndrome, a life-threatening congenital heart condition in which one side of the heart is underdeveloped, requiring multiple surgeries. The baby’s parents made the decision to terminate the pregnancy, The New York Times reported.
Yet, West refused to have an abortion, traveled to Texas, where abortion is illegal, and cut off contact with them.
“I really didn’t know what to do,” West said in a video from the anti-abortion group Live Action. “It was a horrible, trapped feeling to be like, ‘This is my body and I absolutely don’t want to go through with this.’ I felt like I didn’t have a say, but in order for the [abortion] to be done, I would have to be a willing participant. I would be the one signing the consent papers at the abortion clinic and I didn’t think I could live with myself doing that.”
Legal Battle Over Custody Heats Up Between Omar Ahmed, Nausheen Gilkar and McKenna West
Ahmed and Gilkar argued through their attorneys that West broke her surrogacy agreement, according to documents obtained by The AP.
“After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy,” one court filing stated. “It is undisputed that West initially agreed and that she herself made the initial appointment.”
According to the court records, as the pregnancy progressed, Ahmed and Gilkar made plans for West to deliver in California, where they would be able to provide the baby, who they call Rumi, with life long treatment. Yet, she remained in Texas.
“West is harming Rumi by relocating to Texas, requiring him to be born in Texas, away from his parents and the specialized cardiac team in Los Angeles that will provide his lifelong care,” the court filing stated. “Her actions are forcing Rumi to begin treatment (including critical heart surgery) in one state and be transferred to another.”
Meanwhile, as the birth neared, Paxton intervened and secured the emergency order in Texas on Aug. 11 to protect the baby—who West calls Gabriel—and ordered the medical centers to provide the infant with lifesaving care.
“The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves,” Paxton said in the statement. “My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
That same day, Ahmed and Gilkar secured a temporary restraining order barring West from making any medical decisions for the baby or have “any possession of the child.”
The baby was born Aug. 12. Lee Budner, the attorney representing Ahmed and Gilkar, told KTLA the infant is “now receiving medical care provided by a team of pediatric experts.”
He added that his clients are prioritizing the baby’s health.
“As if the heartbreak of his condition were not enough,” he said, “they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West.”
Could McKenna West Get Custody of Omar Ahmed, Nausheen Gilkar’s Biological Child?
Though the issue has yet to play out, one legal expert has said West could have a difficult time securing custody of the child.
Reproductive attorney and host of The Surrogacy Space podcast Marla Neufeld said she didn’t “see any reason why these biological parents wouldn’t still be the legal parents” of the baby.
“I don’t see a world where [West] has rights to the baby,” she told The New York Post. “She is not the biological parent … and under the states that are at play—between Alaska, California and Texas —I’m not aware of anything in their surrogacy provisions that would give her access to the child.”