A California couple and their surrogate are embroiled in an escalating legal battle over their newborn son, who has a life-threatening heart defect. Nausheen Gilkar and Omar Ahmed, the intended parents from California, told a Texas court Tuesday that the child’s condition has worsened and they are anguished by attempts to deny them parental rights. "He’s our child," Gilkar said, testifying about surrogate McKenna West, a nurse. "She’s unstable. She’s trying to take him from us."
The hearing provided a public forum for the dispute, which has drawn the attention of right-to-life groups and Republican officeholders. West traveled from Alaska to have the baby on Aug. 12 in Texas, a state with strict abortion bans. The couple has named the child Rumi, while West's attorneys refer to him as Gabriel and state she is seeking sole conservatorship to make medical decisions.
West testified that she was 23 weeks pregnant when the couple urged her to terminate the pregnancy. She stated she was not comfortable with the abortion, believing the baby had a good chance of survival despite the diagnosis. Following the birth, the couple obtained a restraining order that prevents West from seeing or holding the child. The judge did not issue a final ruling on custody or conservatorship, and the restraining order remains in effect.
Court documents filed by the couple's attorney indicated that Rumi is in critical condition and may be experiencing complications from a post-birth procedure. The infant has hypoplastic left heart syndrome, a congenital defect affecting the left side of the heart. According to the Centers for Disease Control and Prevention, fewer than 1,000 newborns annually are diagnosed with this condition, which can be fatal within days or weeks without treatment. Gilkar described the baby's struggles, including gasping for air, choking on tubes, and needing a blood transfusion since surgery.
Attorneys for West argue that Gilkar and Ahmed were not committed to ensuring the baby received necessary surgeries, citing the couple's prior request for an abortion. West's legal team stated she would relinquish custody claims if the couple demonstrated commitment to the child's medical care. During cross-examination, Gilkar confirmed she did not regret the earlier decision to consider termination.
Gilkar and Ahmed contend that West breached their surrogacy contract, signed in August 2025. Gilkar explained that after multiple unsuccessful IVF attempts in Los Angeles and a subsequent hysterectomy, surrogacy became her only option. She recounted being present for the IVF transfer and holding West's hand.
The couple's attorney referenced California court records that reportedly determined West has no legal or physical custody rights. West, however, has indicated a willingness to contest this, asserting her commitment to the child since his diagnosis.
Surrogacy is not federally regulated, and state laws vary, creating potential ambiguities. West's attorney has stated, "We believe Ms. West is the mother of this child."