A surrogate traveled to Texas to give birth to a baby boy, asserting legal parentage amid a dispute with the child's biological parents. The couple, Nausheen Gilkar and Omar Ahmed of Los Angeles, had contracted McKenna West, a nurse from Alaska, to carry their child.
According to medical information, at 20 weeks of gestation, the fetus was diagnosed with hypoplastic left heart syndrome, a severe congenital defect where the left side of the heart is underdeveloped. Boston Children's Hospital notes that children born with this condition typically require a series of surgeries to survive, and the CDC reports that about 925 babies are born annually in the U.S. with this defect, often facing lifelong complications.
West's legal representatives stated that Gilkar and Ahmed invoked a contract clause for a forced abortion and threatened her with over $250,000 in liability if she refused. West expressed feeling trapped and fearful but felt compelled to protect the child.
She traveled to Texas, a state with significant abortion restrictions, to deliver the baby, as Texas law generally recognizes the person who gives birth in the state as the legal mother. West's attorney, Lincoln Wilson, told the Texas Tribune that his client became fearful of the couple's intentions regarding the child she carried.
However, Lee Budner, an attorney for Gilkar and Ahmed, disputed West's account, stating the couple did not force her to terminate the pregnancy. Budner indicated that court documents filed in Alaska allege West initially agreed to and scheduled an abortion. He added that the couple opted to continue the pregnancy to term and are focused on their child's medical care.
A California court has established Gilkar and Ahmed as the child's legal parents. Conversely, Wilson maintains West is the lawful parent because she gave birth in Texas.
The case has drawn attention from political figures, including Texas Attorney General Ken Paxton. Paxton intervened to support West and secured an emergency court order to ensure the baby received life-saving care following her delivery. He also notified Dallas medical centers of their legal obligations to provide treatment.
Following the birth and a temporary restraining order from the biological parents, West was initially prevented from seeing or holding the child. Budner, the couple's attorney, stated that his clients are devastated by their family tragedy being used for political purposes by the Texas Attorney General's office and West.