Couple who requested surrogate terminated pregnancy give legal update after gaining custody of baby
A pair of California residents continue to be embroiled in a rumbling legal battle against a woman whom they hired to be their surrogate.
Last week (12 August), McKenna West, an Alaskan nurse and surrogate mother, gave birth to a boy with a rare congenital heart defect, called Hypoplastic Left Heart Syndrome (HLHS), in Texas.
Children who are born with HLHS may suffer from complications in the future, including irregular heartbeats, getting tired quickly during sports, fluid buildup in organs, legs and feet, and the need for heart surgery or a heart transplant, the Mayo Clinic states.
The birth came a year after she entered into a surrogacy contract with LA-based couple Omar Ahmed and Nasheen Gilkar.
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The contract reportedly contained a clause allowing them to request a termination if an anomaly was discovered.
West claimed her clients wanted to end the pregnancy at around 20 weeks after consulting with doctors about the HLHS diagnosis, as per the Associated Press.
She alleged in court documents that they tried to pressure her into getting the abortion.
However, the couple who have been granted custody of the newborn following his birth in Dallas, Texas, where abortion is illegal, claimed West initially agreed with the decision to end the pregnancy after the HLHS diagnosis.
It’s alleged that the surrogate changed her mind and reportedly cut off contact with the parents, thus violating her surrogacy contract.
“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,” a filing from Ahmed and Gilkar’s attorneys read.
“It is undisputed that West initially agreed and that she herself made the initial appointment.”
The pair have since obtained a restraining order to prevent West from seeing or holding the child after he was born, according to attorneys.
It’s understood that West, who is a mother of two, and her supporters are referring to the child as ‘Gabriel’. In court filings, Gilkar and Ahmed have referenced the boy’s name as ‘Rumi’.
The child is currently receiving specialist medical treatment at a tertiary care centre in Dallas.
“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 states.
“Her actions are forcing Rumi to begin treatment (including critical heart surgery) in one state and be transferred to another.”
In a statement, West said she felt compelled to protect the baby despite the terms of the surrogacy agreement, claiming she was ‘trapped’ and had ‘no voice’.
“But I knew in my soul, in my heart that I wanted to protect this little boy. It's not this hopeless diagnosis whatsoever. And that's part of why I want to fight so hard for this little guy. He absolutely can go on to live a full life, and he deserves that opportunity,” she said.
Attorney Lee Budner, who represents Gilkar and Ahmed, added via CBS News: “Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would.”
West’s attorney, Lincoln Wilson, confirmed his client will continue fighting for custody.
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.
He told CBS: “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.”
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.
Ella Scott