Biological parents of baby in legal battle with surrogate give health update following birth defect
The legal battle over a baby born to a surrogate in the US continues, and the biological parents have now issued an update about his health.
Parents Omar Ahmed and Nasheen Gilkar have called their son 'Rumi', while the surrogate mother who carried him, McKenna West, referred to him as 'Gabriel'.
It is alleged that Ahmed and Gilkar wanted West to have an abortion, after it was discovered at a 20-week scan that the baby was suffering from a severe, but treatable health condition.
The little boy was born with Hypoplastic Left Heart Syndrome (HLHS), after West fled Alaska to Texas in order to avoid terminating the pregnancy.
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She had entered into a surrogacy contract with the couple, which reportedly included a clause which said the procedure could be requested if there was a health 'anomaly'.
A legal filing from Ahmed and Gilkar’s attorneys read: “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.”
“It is undisputed that West initially agreed and that she herself made the initial appointment,” they allege.
People with HLHS can cause irregular heartbeats, as well as fluid build-up in their organs, legs and feet, and the need for heart surgery or a heart transplant, according to the Mayo Clinic.
Baby's health update
Surgery is usually needed within a week of being born, and the attorney for the biological parents has issued an update.
Per NBC News, attorney Lee Budner said in a statement: “Rumi on Monday underwent a Norwood procedure, a complex palliative heart surgery.”
He continued: “Rumi is now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff.”
Budner explained that this is the first of three operations required in the first several years of life for a baby with the syndrome.
“This is the last update on Rumi’s health that his family intends to share,” the attorney said.
“My clients immediately provided consent for the surgery to occur at the hospital's earliest availability. Rumi was taken into the operating room for surgery earlier this morning (August 17th),” he added.
“His condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery.”
Budner added that the surrogate, West, is still fighting for custody of the child.
However, he called her claim 'baseless' and said it was 'in violation of multiple court orders out of both Alaska and California'.
“We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else,” Budner said.
West’s attorney, Lincoln Wilson, previously confirmed that his client will continue fighting for custody.
“We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child,” he told CBS.
The case continues.
A timeline of McKenna West’s surrogacy legal battle
February 2025
McKenna West, a nurse from Alaska, applies to be a surrogate for Worldwide Surrogacy in order to make extra income for her family.
August 2025
West signs a surrogacy agreement with Omar Ahmed and Nausheen Gilkar, from California. She says the contract she signed required her to undergo an abortion in the event of an ‘anomaly’.
Early 2026
After falling pregnant via IVF, West, Ahmed and Gilkar learn during West’s 20 week scan that the baby has hypoplastic left heart syndrome (HLHS) - a serious but survivable condition.
Legal filings from Ahmed and Gilkar’s lawyers read (via 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.
“It is undisputed that West initially agreed and that she herself made the initial appointment.”
But West tells Live Action News: “I knew that I didn't want to have to go through [an abortion]. I didn't want for this baby - for his life to be cut short.”
When she refuses to have an abortion, West says Ahmed and Gilkar threatened to sue her for $250,000 for breaching the surrogacy agreement.
20 July 2026
Ahmed and Gilkaer argue in legal filings that West ‘cut off all contact’ with them and ‘withdrew medical releases’ allowing them to have contact with her medical providers.
West flees to Texas, where abortion is illegal. Meanwhile, a court order in California affirms that Ahmed and Gilkar are the legal parents of the child. This also means they will have to pay for the child’s medical bills.
28 July 2026
An Alaskan Superior Court rejects a request to force West to relocate to California to give birth, but says that California has jurisdiction. A California court will decide where West gives birth and the medical team to treat her.
11 August 2026
Texas Attorney General Ken Paxton intervenes with a court order that means UT Southwestern Medical Center and Children’s Medical Center of Dallas must provide life-saving care to the baby, who he and West refer to as Gabriel.
The order prevents West from being forced to go to California while the case is considered.
However, the court also prevents West from making any medical decisions on behalf of the child, exercising any possession of the child, or representing herself as the child’s parent or guardian.
Ahmed and Gilkaer deny they ever intended to refuse treatment for the baby
12 August 2026
The baby is born in the morning in Texas two weeks early and immediately receives care for HLHS.
While West continues to refer to the baby as Gabriel, Ahmed and Gilkaer refer to the baby boy as Rumi in legal filings.
13 August 2026
Attorneys for both parties speak out. West’s attorney Lincoln Davis Wilson said West was not allowed to have any contact with the baby after the birth, but intends to pursue custody.
Meanwhile, Ahmed and Gilkaer’s attorney Lee Budner tells the outlet: "Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts."
25 August 2026
West is ordered to appear at a Texas court.
Jen Thomas