The biological parents of a baby boy born with a severe heart condition, whom their surrogate refused to abort, have detailed their reasons for seeking to end the pregnancy. Nausheen Gilkar and Omar Ahmed stated that their decision was based on the diagnosis of hypoplastic left heart syndrome (HLHS), a condition that significantly compromises the baby's survival chances.
Gilkar and Ahmed hired surrogate McKenna West after Gilkar underwent eight failed rounds of in vitro fertilization (IVF) and a subsequent hysterectomy. "This was our only option," Gilkar testified in a Dallas court. The couple stated they have "never wanted anything more than this baby."
A surrogacy agreement signed by West reportedly included a clause allowing for pregnancy termination in cases of fetal abnormalities. According to the biological parents' lawyer, West learned of the baby's heart condition in April. They allege that she refused to undergo an amniocentesis test that could have determined the extent of the condition and the baby's suitability for necessary open-heart surgery.
Baby Rumi was born on August 12 and immediately required resuscitation. He has since undergone genetic testing, blood work, and a two-day open-heart procedure known as the 'Norwood.' However, his parents claim the surgery was delayed because West did not obtain the amniocentesis test during her pregnancy. Rumi remains in critical condition, and doctors will need an additional three to four weeks to determine the success of his surgery. He is expected to remain in intensive care for at least another month.
Meanwhile, West has filed for sole custody of Rumi and is suing the biological parents for breach of contract, as they have stopped paying her surrogate salary. Her legal team, supported by the Alliance Defense Fund, argues that as the birth mother, she is the legal mother. West stated on Tuesday that she "knew that I wanted to protect" the baby and that "he deserved to be protected and that he deserved a chance."
California courts previously ruled in favor of Gilkar and Ahmed, declaring them the sole legal parents. A Dallas judge has extended a temporary restraining order that prevents West from having contact with the newborn for 14 days while the custody case is being considered. Future proceedings in the case will be sealed to protect Rumi's privacy.
The biological parents have been in Texas since August 10, as West relocated to the state without their consent to give birth to their son. Due to Rumi's ongoing medical needs, Gilkar and Ahmed have had limited time to hold their son since his birth.