DALLAS — McKenna West filed an emergency appeal with the U.S. Supreme Court regarding a custody dispute over a newborn child. West is seeking final custody or conservatorship of the child.

The Alaska nurse states she believes Omar Ahmed and Nausheen Gilkar will not provide lifesaving care to the child. Her attorneys argue that Gilkar and Ahmed are not committed to guaranteeing the baby will undergo surgeries or lifesaving care.

The child was born on August 12 with hypoplastic left heart syndrome. Hypoplastic left heart syndrome is a life-threatening condition that prevents normal blood flow to the heart. Without treatment, hypoplastic left heart syndrome can lead to death within days or weeks. The child underwent surgery soon after birth.

A California court order recognizes Omar Ahmed and Nausheen Gilkar as the parents of the child. West's filing states she believes Ahmed and Gilkar plan to put the baby into hospice care in California rather than allow surgery. She cites Ahmed and Gilkar's request for an abortion at 23 weeks as evidence of their intent regarding medical care. Gilkar testified in court that she and Ahmed requested to terminate the surrogate pregnancy in May due to the heart defect.

"The stakes of the decisions below are enormous," West's lawyers said. "But because of the unlawful California judgment, she has been dismissed with prejudice from the Texas proceedings and denied any information about or control over the medically fragile child." West's Supreme Court filing states she lost her plea in Texas to win conservatorship of the child. According to West's filing, the Texas court granted full credit to the California judgment on September 2.

A Texas court ruled that Ahmed and Gilkar, not West, are responsible for medical decisions regarding the child. A Texas court issued a restraining order preventing West from seeing or holding the child. The filing states that Ahmed and Gilkar said they will not provide any updates to West about the child's condition.

Ahmed and Gilkar have not responded to the Supreme Court filing. Ahmed and Gilkar previously stated that West violated the surrogacy contract.

During a hearing on August 25 in Dallas, Nausheen Gilkar described West as mentally unstable. During the August 25 hearing, Gilkar testified that West did not inform her or Ahmed that she was traveling to Texas. Gilkar alleged during the hearing that West withdrew access to the child's medical records, a claim West admitted to. West stated in the hearing that she wanted custody but was open to dropping custody claims if the couple agreed to lifesaving care for the baby.

West refers to the child as Gabriel, while Ahmed and Gilkar refer to the child as Rumi. West lives in Alaska and works as a nurse. "It was scary to think that something might be wrong, and that I may be the one that's not able to make a decision about the treatment," West said.

Surgical repairs for hypoplastic left heart syndrome are not necessarily cures and additional surgeries or heart transplants may be needed. According to the Cleveland Clinic, the baby will need a second surgery between 4 and 6 months of age, and a third surgery between 18 months and 4 years old.

Marla Neufeld, an attorney representing parents, surrogates, and donors, stated that the odds of the Supreme Court granting the appeal are low. Neufeld stated that emergency relief is usually difficult to obtain and the Supreme Court does not usually get involved in family disputes.

Why It Matters

The emergency appeal centers on conflicting legal determinations regarding parental rights and medical decision-making for a critically ill infant. West's filing argues that the enforcement of the California judgment in Texas has removed her ability to advocate for the child's survival against what she perceives as a plan to withhold necessary surgical intervention. The case shows the intersection of surrogacy contracts, interstate legal recognition, and the authority to determine end-of-life versus life-extending care for a newborn with a complex congenital defect.

Timeline

On November 24, 2008, In re Search Warrant for Medical Records of C.T. reached the Supreme Court of New Hampshire, where Justice Conboy noted that Exeter Hospital, Inc. appealed the November 24, 2008 order of the Portsmouth District Court requiring the hospital to turn over medical records pursuant to a search warrant. In August 2026, West traveled to Dallas, Texas, to give birth. Also in August 2026, Lee Budner, attorney for Ahmed and Gilkar, stated that the newborn was in critical condition and appeared to be suffering from potential complications.

On August 25, during a hearing in Dallas, Nausheen Gilkar described West as mentally unstable. During the same hearing, Gilkar said, "He's our child." She also stated, "We are devastated. We've never wanted anything more than those babies," and added, "Denying lifesaving care is not true."

What's New

Later reporting indicates that a Texas judge upheld the California ruling on Sept. 2, 2026, which removed McKenna West from the case. Attorneys for McKenna West filed an emergency application with Justice Elena Kagan to temporarily block a Los Angeles court ruling that declared the California couple the baby's legal parents. The U.S. Supreme Court has not yet ruled on McKenna West's emergency appeal. Additionally, West's attorneys alleged she was warned that continuing the pregnancy could expose her to more than $250,000 in financial penalties.