Biological Parents Seek End to Legal Battle with Surrogate Over Newborn

The biological parents of a baby born with a heart defect have asked a judge to end their legal dispute with the surrogate mother, McKenna West. California couple Nausheen Gilkar and Omar Ahmed allege that West, 28, is seeking to profit from media attention and is not dropping her court battle as previously promised.

Gilkar and Ahmed claim West is still attempting to gain custody of their son, Rumi, despite multiple state courts denying her efforts. West had previously asserted that Ahmed and Gilkar pressured her to abort the child after he was diagnosed with hypoplastic left heart syndrome. However, the couple counters that West changed her mind, ceased communication, and proceeded with the birth against their wishes.

West gave birth to the boy on August 12 in Dallas, Texas, naming him Gabriel, while the biological parents refer to him as Rumi. The surrogacy agreement, established in August 2025 through Worldwide Surrogacy Specialists LLC, included a clause requiring abortion in the event of an abnormality. Court documents indicate West initially agreed to terminate the pregnancy following the diagnosis of hypoplastic left heart syndrome.

Hypoplastic left heart syndrome is a condition where the left side of the heart is underdeveloped, affecting normal blood flow. Treatment involves a series of surgeries shortly after birth, as described by the Centers for Disease Control and Prevention. Approximately 925 babies in the U.S. are born with this defect annually, and it can be fatal if untreated.

The biological parents stated that they preferred West deliver the baby in California to facilitate immediate specialized cardiac treatment. They alleged that West's decision to have the baby in Texas, away from his parents and the Los Angeles-based medical team, was 'harming' the infant.

West eventually found a hospital in Texas with a high success rate for the necessary surgeries and received support from anti-abortion activist Lila Rose. Texas Attorney General Ken Paxton's office also intervened, notifying medical centers of their legal obligations to provide life-saving care to the infant, whom they referred to as 'baby Gabriel.'

Gilkar and Ahmed accused West of aligning with special interest groups for financial and legal backing. The baby underwent the Norwood procedure, a major heart surgery, shortly after birth.

On September 2, a Texas District Court judge ruled against West's attempt to gain sole conservatorship. The Superior Court of California had previously recognized Gilkar and Ahmed as the legal parents in June. Furthermore, the Texas Supreme Court blocked West's efforts to prevent the parents from transporting the baby to Los Angeles for care. West's appeal to the U.S. Supreme Court was denied by Justice Elena Kagan on September 22.

"We are grateful that Rumi can continue receiving the treatment he needs to survive, and that he will not be stripped away from his parents, who are ensuring their child receives top-notch medical care," stated the legal team for Ahmed and Gilkar. "Ms. West's legal filings across three states, numerous courts of appeals, and now the US Supreme Court have sought to undermine Rumi's parents' right to provide him with the care he needs. Those efforts have been rejected by every single court."

Images show the infant with medical equipment and a scar on his chest following surgery. Attorneys for West and the biological parents have been contacted for comment.