Parents Accuse Surrogate of Fabricating Emergency in Custody Battle

Parents Omar Ahmed and Nausheen Gilkar have accused their surrogate, McKenna West, of fabricating an emergency and potentially endangering their infant son's medical care. The allegations were detailed in a filing with the U.S. Supreme Court as the multi-state dispute over their five-week-old son reaches the nation's highest court.

Attorneys for Ahmed and Gilkar assert that West has conducted a "publicity tour" and made false claims about the baby's healthcare, which they argue could jeopardize his treatment. The counterattack comes after West requested the Supreme Court halt a California judgment recognizing Ahmed and Gilkar as the child's legal parents. The baby, whom the parents call Rumi and West calls Gabriel, was diagnosed in utero with hypoplastic left heart syndrome (HLHS), a condition that requires extensive medical intervention shortly after birth.

West, who carried the child as a gestational surrogate, refused the couple's initial request to terminate the pregnancy following the diagnosis. She is now seeking custody or conservatorship, stating she fears the couple might withhold life-saving treatment. However, Ahmed and Gilkar vehemently reject this accusation.

Their lawyers contend that granting West's requested emergency stay would "endanger rather than safeguard" Rumi by creating uncertainty over who has the authority to approve his medical treatment. "McKenna West fabricated an emergency," stated attorney Adam Wolf. "If the Supreme Court were to grant the application for an emergency stay, it would threaten Rumi's ability to receive necessary healthcare, further stacking the deck against him."

The parents' legal team also criticized West's public campaign. "While McKenna West has been conducting a publicity tour, Rumi's parents have been quietly caring for their child and following the recommendations of Rumi's medical team," said attorney Lee Budner. Budner argued that placing the California parentage ruling on hold would not alter parentage but could create dangerous confusion for medical providers relying on parental consent for treatment.

The legal conflict began when Rumi was diagnosed with HLHS in April. While the couple initially considered termination, West ultimately decided against it, stating she believed the baby had a strong chance of survival. The relationship deteriorated thereafter.

West traveled from Alaska to Texas in July, giving birth on August 12. Ahmed and Gilkar, who reside in California, rushed to Texas after being informed of the impending induction. Rumi required intensive medical care from birth and has undergone major heart surgery. Photographs show the infant surrounded by medical equipment. Gilkar has spoken emotionally about her struggles with infertility and her deep desire for the child.

West, supported by the conservative legal advocacy organization Alliance Defending Freedom, has argued that the California parentage judgment was issued without adequate due process and that she was excluded from subsequent proceedings in Texas. Her Supreme Court application warned that Ahmed and Gilkar could halt treatment before the court could consider her case.

Conversely, the parents' attorneys state they have consistently followed their doctors' recommendations and have been a constant presence at the hospital. The Texas Supreme Court recently allowed the couple to transfer their son from Texas to Los Angeles, concluding that evidence did not cast doubt on their commitment to his medical care. Ahmed and Gilkar are also pursuing a separate lawsuit against West in Alaska for breach of contract and emotional distress.