Baby born after surrogate refused biological parents’ abortion request is now in their custody
The biological parents of the baby boy born to a surrogate who went against their wishes and refused to have an abortion now have custody of the child, their lawyer has said.
Surrogate McKenna West gave birth to the boy, who she has named Gabriel, in Dallas on Wednesday (12 August), her lawyer Lincoln Wilson told The Dallas Morning News.
West is currently embroiled in a legal battle with the baby’s biological parents, Nausheen Gilkar and Omar Ahmed, who allegedly asked her to have a termination after a scan revealed that the baby would be born with a severe but treatable heart condition.
However, rather than go ahead with the abortion, West left her home in Alaska, headed to Texas and gave birth two weeks ahead of schedule on Wednesday, with the baby immediately taken in for emergency surgery on his hypoplastic left heart syndrome (HLHS).
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The couple’s lawyer Lee Budner told CBS News: “Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"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."
He continued: "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."
It’s also been reported that the parents have said the little boy is not called Gabriel, despite West referring to him by the name.
Just hours before West gave birth, Texas Attorney General Ken Paxton secured an emergency court order that would ensure the baby received ‘life-saving care’.
“The order prevents anyone from withholding or obstructing necessary treatment or removing, discharging, or transferring the child while the court considers the case,” Paxton’s statement reads.
“The hospital and treating physicians must immediately notify the court and all involved parties of the child's birth, initial medical assessment, any refusal of consent to medically indicated treatment, and any request to discharge, transfer, or transport the child.”
Paxton added: "The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves.
"My office utilised every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's well-being.
“Every child in our state deserves to be cared for and protected, and that's exactly what I'll fight for."
However, due to a court order, West is not allowed any contact with the baby after his birth, her lawyer said on Wednesday.
LADbible Group has contacted Nausheen Gilkar and Omar Ahmed’s legal representative for comment.
A timeline of McKenna West’s surrogacy legal battle
February 2025
McKenna West, a nurse from Alaska, applies to be a surrogate for Worldwide Surrogacy in order to make extra income for her family.
August 2025
West signs a surrogacy agreement with Omar Ahmed and Nausheen Gilkar, from California. She says the contract she signed required her to undergo an abortion in the event of an ‘anomaly’.
Early 2026
After falling pregnant via IVF, West, Ahmed and Gilkar learn during West’s 20 week scan that the baby has hypoplastic left heart syndrome (HLHS) - a serious but survivable condition.
Legal filings from Ahmed and Gilkar’s lawyers read (via AP): “After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy.
“It is undisputed that West initially agreed and that she herself made the initial appointment.”
But West tells Live Action News: “I knew that I didn't want to have to go through [an abortion]. I didn't want for this baby - for his life to be cut short.”
When she refuses to have an abortion, West says Ahmed and Gilkar threatened to sue her for $250,000 for breaching the surrogacy agreement.
20 July 2026
Ahmed and Gilkaer argue in legal filings that West ‘cut off all contact’ with them and ‘withdrew medical releases’ allowing them to have contact with her medical providers.
West flees to Texas, where abortion is illegal. Meanwhile, a court order in California affirms that Ahmed and Gilkar are the legal parents of the child. This also means they will have to pay for the child’s medical bills.
28 July 2026
An Alaskan Superior Court rejects a request to force West to relocate to California to give birth, but says that California has jurisdiction. A California court will decide where West gives birth and the medical team to treat her.
11 August 2026
Texas Attorney General Ken Paxton intervenes with a court order that means UT Southwestern Medical Center and Children’s Medical Center of Dallas must provide life-saving care to the baby, who he and West refer to as Gabriel.
The order prevents West from being forced to go to California while the case is considered.
However, the court also prevents West from making any medical decisions on behalf of the child, exercising any possession of the child, or representing herself as the child’s parent or guardian.
Ahmed and Gilkaer deny they ever intended to refuse treatment for the baby
12 August 2026
The baby is born in the morning in Texas two weeks early and immediately receives care for HLHS.
While West continues to refer to the baby as Gabriel, Ahmed and Gilkaer refer to the baby boy as Rumi in legal filings.
13 August 2026
Attorneys for both parties speak out. West’s attorney Lincoln Davis Wilson said West was not allowed to have any contact with the baby after the birth, but intends to pursue custody.
He told CBS: “We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child.”
Meanwhile, Ahmed and Gilkaer’s attorney Lee Budner tells the outlet: "Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts."
25 August 2026
West is ordered to appear at a Texas court.
Claire Reid