The biological parents of a baby boy born via surrogate have detailed their reasons for seeking to terminate the pregnancy, citing serious health concerns for the infant. Nausheen Gilkar and Omar Ahmed stated that after multiple failed IVF attempts and Gilkar's hysterectomy, surrogacy was their only option to have a child.
Their surrogate, McKenna West, 28, refused to abort the pregnancy after learning the fetus was diagnosed with hypoplastic left heart syndrome (HLHS), a delicate heart condition. Gilkar and Ahmed's lawyer argued that West also refused to undergo an amniocentesis test that could have determined the baby's suitability for necessary open-heart surgery.
"We've never wanted anything more than this baby," Gilkar said in Dallas court on Tuesday, becoming emotional while testifying. The couple acknowledged asking West to terminate the pregnancy due to the baby's heart condition but denied intending to refuse medical care for the child.
Baby Rumi was born on August 12 and immediately required resuscitation. He has since undergone genetic testing and a complex open-heart procedure known as the "Norwood." The surgery's delay was attributed to the lack of an amniocentesis test during the pregnancy. Due to his critical condition, the biological parents have had limited contact with their son.
West relocated to Texas without the couple's permission to give birth, and subsequently sought sole custody of Rumi. She has filed a lawsuit for breach of contract, as the biological parents have ceased paying her surrogate salary. West, whose legal fees are being supported by the Alliance Defense for Freedom, stated she felt compelled to protect the baby and ensure he had a chance at life.
A Dallas judge has extended a temporary restraining order that bars West from having contact with the newborn. The court has sealed future proceedings in the case to protect Rumi. The biological parents previously won a legal battle in California, where they were declared the sole legal parents of the child. The judge is expected to make a ruling on the custody case within 14 days.