The infant at the center of a contentious surrogacy dispute is in critical condition following complex heart surgery. The baby, whom his biological parents have named Rumi, underwent the Norwood Procedure, an open-heart surgery for congenital heart defects, and his condition has since deteriorated.
Court documents state that Rumi was diagnosed with hypoplastic left heart syndrome, a life-threatening condition, while still in the womb. The condition can be fatal without medical intervention.
His biological parents, Nausheen Gilkar and Omar Ahmed of California, reported that in the 24 hours after the surgery, the child's health took a turn for the worse. According to court records, their son appeared to be suffering from potential complications from the procedure and required re-intubation.
This health update comes as Gilkar and Ahmed are seeking a restraining order against the surrogate, McKenna West, an Alaska resident. West delivered the baby on August 12 in Dallas, Texas. The couple was granted custody of their child, but West has also filed for custody.
The dispute stems from the parents' request that West terminate the pregnancy after the baby's diagnosis. According to reports, West refused and traveled to Texas, asserting state laws would protect the child. She has stated that she could not participate in ending the pregnancy and wanted the biological parents to commit to lifesaving treatment for the infant. West, who identifies as a cardiac nurse, claims she knew the infant's heart could be repaired.
Gilkar and Ahmed maintain they paid West $60,000 to carry the child and had a contract that included a clause for abortion in the event of an anomaly, which they asked her to follow after the 20-week scan revealed the condition. West has claimed in an op-ed that the couple refused to commit to treatment and ordered her to terminate the pregnancy.
In a lawsuit filed weeks before the birth, Gilkar and Ahmed sued West for breach of contract, seeking over $100,000 in damages for alleged "malicious, outrageous conduct." West has countered that "no threat or amount of money could sway my conviction that this baby had a real chance at a full life."
West publicly shared her side of the story, claiming the infant was taken from her immediately after birth and that she was denied physical contact beyond a brief moment while the umbilical cord was connected. She stated she paid for the remainder of the pregnancy herself and found a hospital in Texas with a "100% survival rate" for the necessary procedure.
Gilkar and Ahmed stated that their child has received necessary medical care since birth.
West has alleged that the biological parents told her to terminate the pregnancy after the diagnosis. The couple has asked the court to postpone the hearing on the restraining order due to the baby's critical health status. The child was placed in Gilkar and Ahmed's custody after birth.