A Texas court delayed a custody decision on Tuesday in a contentious hearing involving a newborn with hypoplastic left heart syndrome. The case pits California couple Nausheen Gilkar and Omar Ahmed against their surrogate McKenna West, who flew from Alaska to give birth in Texas due to its abortion ban.
Key Takeaways
A Texas court delayed a custody decision involving a newborn with hypoplastic left heart syndrome, caught in a dispute between California couple Nausheen Gilkar and Omar Ahmed and their surrogate McKenna West. The baby is critically ill, requiring life-saving surgeries.
- Baby Rumi has hypoplastic left heart syndrome, a rare condition affecting fewer than 1,000 newborns annually
- Texas judge extended restraining order barring surrogate from seeing or holding the child while allowing biological parents to make medical decisions
- Surrogate McKenna West argues she should have conservatorship due to initial abortion request by the couple
- Biological parents allege contract violations and withholding of medical records by the surrogate
- Case has drawn attention from anti-abortion groups and Republican officials supporting the surrogate's stance
Source Claims Check
1 Difference Found| Claim | Status | Reason | |
|---|---|---|---|
| Surrogate's Custody Claim | 1 Difference | Majority reports surrogate's custody claim based on initial abortion request; The Guardian adds that surrogate would drop claims if surgeries are guaranteed. | ▼ |
| Baby's Medical Condition | Broad Agreement | Baby Rumi has hypoplastic left heart syndrome, requiring multiple surgeries. | |
| Custody Status | Broad Agreement | Texas judge extended restraining order barring surrogate from seeing or holding the child while all… | |
| Contract Violation Allegations | Broad Agreement | Biological parents allege contract violations and withholding of medical records by the surrogate. | |
| Case Attention | Broad Agreement | Case has drawn attention from anti-abortion groups and Republican officials supporting the surrogat… |
Gilkar testified that the baby, whom they named Rumi, is critically ill but deeply loved. She described his condition as dire, with no blood flow to the left side of his heart and complications post-surgery. West's attorneys argue she should have conservatorship because Gilkar and Ahmed initially requested an abortion after learning of the diagnosis.
The judge extended a restraining order barring West from seeing or holding the child while allowing Gilkar and Ahmed to make medical decisions. The couple claims West violated their surrogacy contract, which was signed in August 2025. They also allege that she withheld medical records and moved to Texas without informing them.
West, a nurse, stated she would drop custody claims if the couple committed to providing life-saving surgeries for the baby. The case has drawn attention from anti-abortion groups and Republican officials who support West's stance. Surrogacy laws vary by state, creating legal complexities in this high-profile dispute.
The hearing offered the fullest public airing to date of a deepening and high-profile dispute over surrogacy and abortion that has rushed right-to-life groups and GOP officeholders to the side of West. The biological parents were awarded custody after the baby’s birth, and filed a temporary restraining order barring West from seeing or holding the child.
The judge did not rule on final custody or conservatorship Tuesday, and the restraining order was left in effect. It remains unclear when the judge will issue an order in the case.
How this summary was created
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