Attorney gives medical update on baby born after surrogate defied biological parents’ wishes to abort him
The newborn baby whose birth sparked a bitter legal battle between his biological parents and the surrogate who refused to terminate the pregnancy has undergone major heart surgery.
Lee Budner, the attorney representing biological parents Nausheen Gilkar and Omar Ahmed, confirmed to TMZ that the baby, named Rumi by his parents, had surgery this morning and is 'now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff'.
Budner said the family does not plan to share further health updates, adding in a statement that the baby's 'condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery.'
The procedure comes after Gilkar and Ahmed confirmed in a court filing that they had chosen to move forward with the operation following consultations with doctors.
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What is the Norwood procedure and why did Rumi need it?
Rumi was diagnosed during pregnancy with hypoplastic left heart syndrome, a rare congenital condition in which the left side of the heart doesn't develop properly.
Left untreated, it can be fatal, but doctors can intervene surgically after birth.
The operation he's undergone is known as the Norwood procedure, the first of three surgeries typically required within a child's first few years of life to manage the condition, according to information relayed by Budner.
It's designed to help the functioning side of the heart take over the job of pumping blood around the body.
The court filing reportedly did not specify exactly when the surgery would take place, with the parents saying they would share the date privately with the court if requested.
Why did the surrogate refuse to have an abortion?
The case has drawn widespread attention after Gilkar and Ahmed's surrogate, McKenna West, refused to terminate the pregnancy despite what her attorneys say was a clause in her surrogacy contract requiring an abortion in the event of a serious fetal 'anomaly'.
West, who lives in Alaska, traveled to Texas, where abortion is banned in almost all circumstances, and gave birth there earlier this month.
West's legal team has referred to the baby as 'Gabriel', though Gilkar and Ahmed maintain that isn't his name.
A Texas court has since granted the biological parents a restraining order giving them sole medical decision-making authority and barring West from making decisions about the baby's care or interfering with their access to him.
Budner used the latest update to address West's ongoing legal push for custody, claiming she 'continues to assert baseless claims for custody of Rumi, in violation of multiple court orders out of both Alaska and California'.
He said the family expects to 'quickly' defeat those claims so they can focus on their son's health.
West's side of the dispute appeals to local laws in Texas, which tend to recognize the birth mother as the legal mother of a child.
A hearing in the case is scheduled to take place later this month.
UNILAD has approached representatives for West and Lee Budner for further 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.
July 20 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.
July 28 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.
August 11 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
August 12 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.
August 13 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."
August 25 2026
West is ordered to appear at a Texas court.
Thomas Bamford