A newborn at the center of a contentious surrogacy custody battle has been re-intubated and placed back on a breathing tube due to complications following open-heart surgery. The infant, identified as Rumi by his intended parents Nausheen Gilkar and Omar Ahmed, is in critical condition at a hospital in Texas, according to court documents.
The child underwent the Norwood procedure, a complex surgery used to treat hypoplastic left heart syndrome (HLHS), a severe congenital heart defect. Gilkar told a Dallas court that the baby struggled to breathe post-surgery, required a blood transfusion, and choked on tubes, necessitating the re-intubation. "He’s our child," Gilkar stated, asserting that the surrogate, McKenna West, is attempting to take him away.
The custody dispute, which has drawn national attention, centers on medical decision-making for the infant. West, an Alaska-based cardiac nurse who carried the child, is seeking sole conservatorship. She claims Gilkar and Ahmed requested she terminate the pregnancy after the baby was diagnosed with HLHS at approximately 20 weeks gestation. West refused the request and traveled to Texas to give birth.
West's legal team has argued for the continuation of life-saving care for the infant. She has stated she would relinquish her custody request if the court confirms the intended parents' commitment to the baby's treatment. Gilkar and Ahmed have requested a delay in a hearing for a temporary restraining order that currently grants them custody.
The intended parents have also filed counterclaims against West, alleging she breached their surrogacy agreement and caused emotional distress, seeking over $100,000. They contend that their agreement included provisions for pregnancy termination. West has denied these allegations.
The legal conflict intensified after the baby's birth on Aug. 12. West has described having very limited contact with the newborn immediately after birth, stating she held him for about a minute before he was taken away. A court order has since prohibited her from seeing or holding the child.
Texas Attorney General Ken Paxton's office intervened prior to the birth, securing an emergency court order to ensure that medically necessary care for the infant would not be delayed or obstructed. Paxton's office also alerted two Dallas medical centers to their obligations to provide life-saving treatment.