Parents who used surrogate McKenna West say baby is fighting for his life after major heart surgery
The baby at the center of a legal battle is reportedly fighting for his life after his surrogate refused a termination requested by his biological parents during her pregnancy.
The boy's parents, Nasheen Gilkar and Omar Ahmed, are currently battling surrogate McKenna West over custody of their baby, who has now undergone open-heart surgery.
As per court documents, the parents said: "Serious medical developments have arisen that impact the health and safety of the child. The child is in critical condition and being closely monitored at the hospital."
West is 28-year-old nurse from Alaska, and is currently being sued by the couple for more than $100,000, after failing to terminate the pregnancy as requested by the biological parents, after they were informed that he had been diagnosed with a severe heart defect prior to his birth.
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During her 20 week scan, doctors noted that the unborn baby had hypoplastic left heart syndrome - a condition in which he left side of the heart is too small to pump blood effectively.
The diagnosis was life-threatening, and requires numerous surgeries.
The cardiac nurse is a single mom to her own two children, and has since sought custody of the baby following the parents request.
Detailed in the contract between the two parties was an abortion clause, which allowed the biological parents to terminate the pregnancy if there were issues with the fetus.
Speaking with the New York Post, West said she knew from her experience that the baby she was carrying had a chance at survival through surgery.
"This is about giving an innocent child a shot at the life he deserves," she wrote.
According to her legal complaint, the nurse was worried she would 'not be able to live with' herself if she went through with the termination.
"My focus has always been on protecting this precious baby’s life," she added.
She also previously told 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."
Temporarily, a Texas court has restricted West's access to the baby, with a further hearing scheduled.
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.
Mia Williams