Surrogate mother who fled to another state after couple requested abortion gives birth to baby with health defect
A surrogate mother at the centre of a court case has given birth to a baby a few weeks early, after she travelled to Texas to avoid having an abortion.
McKenna West had been carrying the boy, named Gabriel, on behalf of his biological parents Nausheen Gilkar and Omar Ahmed.
The couple, from California, had asked West to have an abortion after they were all stunned to receive a worrying health diagnosis for him, despite the fact 'all genetic testing was normal' beforehand.
They were told that Gabriel was suffering from a severe, but treatable, heart condition called hypoplastic left heart syndrome (HLHS).
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According to their surrogacy contract, there was a clause included which meant they could request an abortion if the baby was found to have an 'anomaly'.
By fleeing to Texas, local laws meant that West would be recognised as the birth mother.
Lee Budner is the attorney for Gilkar and Ahmed, and he confirmed the child had been born in a statement to the Texas Tribune: “Our clients’ child was born earlier this morning and he is now receiving medical care provided by a team of paediatric experts."
West's attorney, Lincoln Wilson, also confirmed the birth to The Dallas Morning News and said that Gabriel will now undergo life-saving surgery.
It had previously been reported that West was not due to give birth for another two weeks.
The case had drawn international attention after Texas Attorney General Ken Paxton got involved.
He successfully filed a petition for doctors to give the 'life-saving' care Gabriel needs, as well as preventing him from being taken away from Texas.
The court agreed to the petition, stating: “Upon the child’s live birth, medically indicated stabilising and life-sustaining care shall be provided to the child pending further order of this Court.
“No person shall withhold, direct the withholding of, obstruct, or delay that care.
“Upon the child’s live birth and pending further order of this Court, no person shall: remove the child from the [hospital where he’s treated], [and] remove the child from the state of Texas.”
After the result was confirmed, the Attorney General said: “The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves.
“My office utilised 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.”
West had spoken to the Megyn Kelly podcast about the situation, saying: “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.”
“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.”
Budner criticised West and Paxton’s actions, calling it 'political theater'.
The biological parents now allege that West was initially in agreement about having the abortion and booked the appointment, before cancelling it and cutting off all contact, according to The Guardian.
“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.”
Ahmed and Gilkar are set to appear in a Dallas County court on 25 August.
LADbible Group has contacted Nausheen Gilkar and Omar Ahmed’s legal representative for comment.
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.
Jen Thomas