DALLAS — The infant has hypoplastic left heart syndrome, a condition that impedes blood flow and requires extensive surgery. The baby’s doctor testified that an ICU-to-ICU transfer window was short and "ripe now." The biological parents are Nausheen Gilkar and Omar Ahmed, and the surrogate is McKenna West.

West resides in Alaska and traveled to Texas to deliver the child because abortion is illegal there. The condition was detected in April when the baby was a fetus, around 20 weeks into the pregnancy. Gilkar and Ahmed asked West to terminate the pregnancy after the diagnosis. The surrogacy contract contained a clause allowing termination if there was an anomaly during the pregnancy.

Gilkar and Ahmed agreed to pay West $60,000 to carry the child. Gilkar underwent eight unsuccessful rounds of in vitro fertilization and a hysterectomy before seeking surrogacy. West calls the baby Gabriel, while the biological parents call him Rumi. The baby is being treated at Children’s Hospital in Dallas and has already undergone one surgery and will likely need others.

Texas Attorney General Ken Paxton intervened in the case to ensure the baby received medical care after birth. The guardian ad litem appointed to represent the baby’s interests filed an emergency motion to modify the court’s order for lifesaving care. The guardian ad litem is Susan Duesler.

Nausheen Gilkar told a Dallas court in August, "He’s the love of our lives. He’s suffering a lot."

West filed a motion with the U.S. Supreme Court seeking to intervene in the custody dispute. West accused Gilkar and Ahmed of pressuring her into getting an abortion. Lawyers for Gilkar and Ahmed stated that West initially agreed to the abortion. West suggested in her appeal that Gilkar and Ahmed would put the baby into end-of-life care at a hospice.

The couple’s attorneys responded in a court filing, ""there is simply no truth whatsoever." to the hospice claim. West’s lawyers wrote in a court filing, "Ordinarily, MW would have been deemed [the baby’s] mother under Texas law by virtue of giving birth to him. But because of the unlawful California judgment, she has been dismissed with prejudice from the Texas proceedings and denied any information."" West’s attorney wrote in a U.S. Supreme Court request that the surrogate "has sought relief in every court below and been denied."

One of the couple’s attorneys, Lee Budner, stated that intervention from the Supreme Court would only cause confusion. Gilkar and Ahmed argue the case has already been decided and falls outside the U.S. Supreme Court’s jurisdiction. West is calling for full custody or conservatorship.

West’s lawyer claims the couple have repeatedly refused to make a commitment to provide appropriate care. West has vowed to abandon her custody bid if she could be assured the baby would receive appropriate care. Gilkar and Ahmed are suing West for at least $100,000.

Why It Matters

The ruling resolves an immediate medical crisis for an infant with a life-threatening heart defect, prioritizing urgent healthcare access over ongoing custody disputes. The decision allows for a specialized transfer to a facility in Los Angeles capable of performing the necessary extensive surgeries, addressing the testimony that the window for such a move was critically short.

The case shows the legal complexities surrounding surrogacy agreements when medical anomalies arise, particularly across state lines with differing laws regarding reproductive rights. The involvement of the Texas Attorney General and the parallel filings in both state and federal courts underscore the multifaceted nature of the dispute, which includes not only custody but also significant financial litigation between the parties.

Timeline

The condition was detected in April 2024 when the baby was a fetus, around 20 weeks into the pregnancy. Nausheen Gilkar told a Dallas court in August 2024, "He’s the love of our lives. He’s suffering a lot." The infant was born on August 12, 2024.

The Texas Supreme Court ruled on September 5, 2024, that a month-old infant born via surrogate in Texas can be relocated to Los Angeles, California, for medical treatment. On September 5, 2024, the court stated, "Sustaining the life of the medically fragile child is the paramount concern in this time-sensitive matter."