Parents who asked surrogate to abort their baby are now in custody of the infant
The parents at the center of a bitter surrogacy dispute have physical custody of their baby, who was born early in Texas on Wednesday and is receiving medical care.
McKenna West, a nurse from Alaska, had been carrying the child for California couple Nausheen Gilkar and Omar Ahmed when doctors discovered a serious problem during the pregnancy.
At around 20 weeks, the baby was diagnosed with hypoplastic left heart syndrome (HLHS), a rare congenital condition where the left side of the heart does not develop properly.
The condition can require several operations and can lead to serious lifelong health complications, prompting Gilkar and Ahmed to ask West to terminate the pregnancy under a clause in their surrogacy agreement reportedly covering abnormalities.
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West refused, however, and travelled to Texas, where abortion is banned in almost all circumstances, as the disagreement escalated into a legal battle spanning several states.
Now, following the baby's birth on Wednesday (August 12), Gilkar and Ahmed have physical custody of their son while he receives hospital treatment, their lawyer Lee Budner has confirmed to TMZ.
The child has been referred to as 'Baby Gabriel' by West and those supporting her, though his parents have chosen another name, referring to the baby as Rumi in legal filings.
Budner said the couple's attention is now firmly on their son's health. He told TMZ: "As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General's office and McKenna West."
Budner added that the parents want to spend as much time as possible with the newborn while doctors provide the treatment he needs.
The development comes after Texas Attorney General Ken Paxton intervened in the case shortly before the birth.
Paxton previously said: "Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care."
A Texas court subsequently ordered that the newborn receive necessary treatment, ruling: "Upon the child's live birth, medically indicated stabilizing and life-sustaining care shall be provided to the child pending further order of this Court."
It added: "No person shall withhold, direct the withholding of, obstruct, or delay that care."
However, the court also placed significant restrictions on West following the delivery.
She is currently barred from representing herself as the baby's parent or guardian, interfering with his medical treatment or removing him from the hospital.
West's lawyer Lincoln Wilson previously said the order also meant she was unable to see or hold the child following the birth.
West is nevertheless seeking custody, meaning the extraordinary legal battle is far from finished.
The dispute which led to this situation stems from the surrogacy agreement, reportedly allowing the intended parents to request a termination if an 'anomaly' was found during pregnancy.
West has maintained her opposition to having an abortion, whilst her legal team has challenged the agreement.
Gilkar and Ahmed, meanwhile, are expected to appear at a Dallas County court hearing on Auguest 25 as the question of custody continues to play out.
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.
Ben Williams