Couple who requested surrogate terminated pregnancy now have custody of baby
A couple who asked their surrogate to terminate her pregnancy after their unborn baby was diagnosed with a serious heart condition now have custody of their newborn son.
Nausheen Gilkar and Omar Ahmed’s baby was born in Texas on Wednesday (12 August), after months of legal wrangling involving the couple, surrogate McKenna West and officials in multiple states.
The newborn, who has hypoplastic left heart syndrome (HLHS), is now receiving specialist medical treatment at a tertiary care centre.
Attorney Lee Budner, who represents Gilkar and Ahmed, confirmed the birth and said the couple now have physical custody of their son.
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"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 centre," Budner said, according to CBS News.
"Thankfully, McKenna West’s baseless attempt to interfere with his medical care has been soundly rejected by the courts."
"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," he added, per the outlet.
The baby was diagnosed with HLHS, a serious congenital condition affecting the development of the left side of the heart, at around 20 weeks into the pregnancy.
According to court documents, Gilkar and Ahmed had asked West to terminate the pregnancy after learning about the diagnosis.
The couple had reportedly been reassured by earlier genetic testing that everything was normal. Their surrogacy agreement also contained a clause allowing them to request a termination if an anomaly was discovered.
West initially agreed and made an appointment, according to a legal filing, but later changed her mind.
"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. made the difficult decision to terminate the pregnancy," the filing read.
"It is undisputed that West initially agreed and that she herself made the initial appointment. She then unilaterally changed her mind, cut off all contact with A.B. and C.D., and withdrew medical releases allowing A.B. and C.D. to have contact with all medical providers."
West then travelled from Alaska to Texas, where she planned to continue the pregnancy and give birth.
She has previously spoken publicly about her decision, saying she felt compelled to protect the baby despite the terms of the surrogacy agreement.
"I felt very trapped due to this contract. I felt like I had no voice, but I knew in my soul, in my heart that I wanted to protect this little boy," she said.
She also argued that the diagnosis did not mean the baby could not have a future.
"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," West added.
The dispute escalated shortly before the birth when Texas Attorney General Ken Paxton became involved, seeking an emergency order to ensure the baby received potentially life-saving treatment.
A Texas court ordered that medically indicated stabilising and life-sustaining care must be provided after the baby’s birth. The order also prevented the child from being removed from the hospital or taken out of Texas while the case remained pending.
West’s attorney, Lincoln Wilson, said she was not permitted to have contact with the newborn because of the court orders.
Wilson also confirmed that West plans to 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 News.
Gilkar and Ahmed are due to appear in a Dallas County court later this month (25 August) as the legal battle continues.
Tyla has contacted Nausheen Gilkar and Omar Ahmed’s legal representative for comment.
Rhiannon Ingle