Surrogate’s Legal Battle Intensifies as Newborn with Heart Defect Undergoes Surgery

McKenna West, an Alaska cardiac nurse serving as a surrogate, is escalating her legal challenge following the birth of a newborn diagnosed with hypoplastic left heart syndrome and subsequent lifesaving surgery. West said she was separated from the child within 60 seconds of delivery on Aug. 12 and has not been permitted to hold him since, despite carrying him throughout her pregnancy.

West agreed to serve as surrogate for California residents Omar Ahmed and Nausheen Gilkar but refused their request to terminate the pregnancy after the fetal diagnosis at approximately 20 weeks. She traveled to Texas to deliver the baby, whom Ahmed and Gilkar refer to as Rumi, after refusing the abortion demand.

The child underwent the Norwood procedure—the first of three planned open-heart surgeries for treating the condition—on Aug. 17. Ahmed and Gilkar’s attorney, Lee Budner, stated his clients consented to surgery once doctors determined eligibility on Aug. 14 and that the infant remains under their care with continued medical support.

West, represented with assistance from Alliance Defending Freedom, maintains her fight is not to claim someone else’s child but to ensure the newborn receives necessary ongoing treatment. Live Action President Lila Rose questioned why Ahmed and Gilkar needed a Texas court order to authorize the surgery if they had already consented to the procedure.

Budner accused West of pursuing custody in violation of court orders from both Alaska and California, calling her claims “baseless.” West countered that her sole objective is guaranteeing the child receives full medical treatment needed to survive.

Texas Attorney General Ken Paxton previously intervened, directing two state medical centers regarding their legal obligations to provide necessary care for the newborn. The child’s condition remains critical, and Ahmed and Gilkar have stated they will not provide future health updates.