A surrogate mother who defied the biological parents’ wishes by refusing to terminate a pregnancy is now asking the Supreme Court to intervene in a contentious custody dispute, fearing the baby will be removed from Texas. McKenna West, 28, filed a motion with the Supreme Court last week, expressing concerns that Los Angeles-based Nasheen Gilkar and Omar Ahmed might attempt to relocate their infant son, born with a severe heart defect, from a Dallas hospital.
West’s legal team submitted an updated brief to the Supreme Court on Monday, urging for expedited action. "That date appears to have been too conservative and an administrative stay is now needed by 1:00 EST tomorrow," the filing stated, as reported by The Post. West is seeking to halt a California court order that affirmed Gilkar and Ahmed as the baby’s legal parents, a decision that was also upheld by a Texas judge who ruled West could not make decisions regarding the child’s treatment and care.
The court-appointed guardian ad litem, tasked with representing the baby’s best interests, filed an emergency motion for immediate modification of the court order to allow for life-saving care, according to Monday’s filing. West, a single mother from Alaska, is advocating for an immediate stay to ensure the preservation of the child’s life.
West is pursuing full custody or conservatorship, asserting her belief that Gilkar and Ahmed will not provide the necessary life-saving treatment for the baby, whom she refers to as Gabriel and the couple calls Rumi. Her lawyers contend that the future care for the infant is uncertain following the California court order being upheld. West has stated that she would relinquish her custody claim if assurances could be made that the baby would receive appropriate medical care, but her legal representatives claim the couple has repeatedly refused to commit to this.
The infant was diagnosed with hypoplastic left heart syndrome (HLHS), a life-threatening condition, on August 12. HLHS impairs the normal flow of blood to the heart, and newborns diagnosed with the condition typically require immediate surgery to survive beyond their first week of life. The diagnosis came as a surprise to West around the 20-week mark of her pregnancy, despite earlier normal genetic testing.
Gilkar and Ahmed had agreed to compensate West $60,000 for carrying the child. Their surrogacy contract included a clause permitting termination if an anomaly was detected during the pregnancy. West, unwilling to proceed with the abortion, relocated to Texas, where the procedure is illegal. She is seeking the necessary treatment for the baby's heart condition, while the couple is suing her for at least $100,000. Gilkar has accused West of attempting to abduct their child, stating in a Dallas court last month, “She’s making us run from doctor to doctor, state to state. With our baby — she’s trying to take him.”
