California Couple Battles Surrogate in Texas Court as Newborn Recovers From Heart Surgery

A newborn at the center of a high-profile custody dispute requiring emergency open-heart surgery has been returned to mechanical ventilation after his condition deteriorated overnight, according to court filings submitted this week. Intended parents Nausheen Gilkar and Omar Ahmed reported the child’s setback following a Norwood procedure designed to address a severe cardiac defect, with the infant now listed in critical condition under close hospital monitoring.

In a Dallas courtroom Tuesday, Gilkar and Ahmed faced off against surrogate McKenna West over authority to make medical decisions for the newborn. The case has garnered national attention after West, an Alaska cardiac nurse, declined the couple’s request to end the pregnancy following a diagnosis of hypoplastic left heart syndrome, a life-threatening condition affecting one side of the heart that restricts normal blood circulation.

The intended parents call the infant Rumi, while West refers to him as Gabriel and has sought sole conservatorship rights from a Texas judge. Gilkar testified that the couple has maintained bedside vigil since the August 17 surgery, during which the child struggled to breathe, experienced tube complications, and required a blood transfusion.

West maintains she was permitted only about one minute with the newborn while the umbilical cord remained attached before he was separated from her custody. A court order currently prohibits her from contact with the child, a restriction the judge maintained during Tuesday’s hearing without immediately ruling on broader custody questions.

The dispute originated after prenatal diagnosis at approximately 20 weeks revealed the cardiac defect. West claims Gilkar and Ahmed requested pregnancy termination, which she refused; the couple’s legal representative disputes this characterization and states both parents consented to surgical intervention after doctors determined the child’s eligibility on August 14.

Beyond custody matters, Gilkar and Ahmed have filed counterclaims seeking more than $100,000, alleging West violated their surrogacy agreement and caused emotional distress. The counterclaims specify the couple paid West $60,000 during pregnancy under terms addressing termination scenarios. West has rejected the allegations and requested dismissal.

Texas Attorney General Ken Paxton had secured an emergency court order prior to the birth mandating that medically necessary care not be withheld or delayed. West’s legal team has indicated she would relinquish her conservatorship request if the court confirms the intended parents remain committed to life-saving treatment for the child.