Biological parents of baby born after surrogate refused abortion authorise life-saving surgery
The biological parents of a baby boy who was born after a surrogate refused to have an abortion have authorised his life-saving surgery.
The baby was born amid a complex legal dispute between his biological parents Nausheen Gilkar and Omar Ahmed and surrogate McKenna West.
West, a nurse and mother of two, signed up to a surrogacy programme in early 2025 and was later matched with the couple.
But at her 20-week scan, the baby was diagnosed with a serious heart condition, called hypoplastic left heart syndrome (HLHS), and the biological parents asked West to terminate the pregnancy, according to court filings.
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West’s lawyer Lincoln Wilson told The Dallas Morning News that the surrogacy contract she signed ‘allowed the intended parents to choose to terminate the pregnancy in the case of fetal anomalies’.
However, she refused to go ahead with the abortion and fled to Dallas where she gave birth on 12 August.
Following the birth, the biological parents have been given custody of the child and taken out a restraining order against West, which strips her of any legal authority over Gabriel.
Reports claim that this means she is not recognised as a parent and does not have any say in his care, including when it comes to medical decisions.
In court filings obtained by TMZ, the couple authorised a major life-saving heart surgery, known as the Norwood procedure for the baby after consulting with doctors.
The Norwood procedure is a complex surgery that is typically performed on newborns who are born with HLHS.
The court documents don’t state when the operation will take place but the parents have said they will provide the date privately if requested by a court.
In the filing the baby is referred to as Rumi, but the couple say that is not his name.
What have the parents said?
Speaking last week, the couple’s lawyer Lee Budner told CBS News that his clients were putting the infant’s ‘health and well-being first.’
He said: "Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts.
"Right now, our clients are continuing to place their baby's health and well-being first, following the advice of the baby's medical team, as they always have and just as any loving parent would.
"As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theatre by the Texas Attorney General's office and McKenna West.
"Our clients' only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with their beautiful newborn son."
West will fight for legal custody of the baby
However, West’s lawyer has said she is willing to take the fight to the Supreme Court to become the legal parent.
He reckons the current court order against his client, which was granted in California, is 'void' and believes the surrogate will be able to obtain custody if this is thrown out.
Speaking to the New York Post, Wilson said: "She is seeking parentage of the child because she gave birth in Texas, and in Texas, if you give birth to a child, it’s your child.
"We think that once that California judgment is removed…that basically she is the mother under Texas law.
"We are taking that challenge up through the California courts, and we’ll take it up to the US Supreme Court if we have to."
Claire Reid