A Texas judge on Tuesday delayed a custody decision in a high-profile surrogacy dispute, extending a temporary restraining order for two weeks as the legal battle over a newborn with a rare heart defect intensifies.
The newborn’s condition deteriorated following open-heart surgery, with the baby placed back on a breathing tube due to complications, according to court filings. The child, born on August 12 in Dallas, has hypoplastic left heart syndrome, a severe congenital condition requiring multiple surgeries. The first procedure was performed last week, but the infant’s health has since declined, prompting concerns over long-term outcomes.
The dispute centers on who holds medical decision-making authority for the baby. The intended parents, Nausheen Gilkar and Omar Ahmed of California, have named the child Rumi. The surrogate, McKenna West, an Alaska-based nurse, has named the baby Gabriel and is seeking sole conservatorship to make medical decisions. West relocated to Texas specifically to prevent an abortion after the heart defect was diagnosed at approximately 20 weeks of pregnancy.
Court testimony revealed emotional and legal tensions
During Tuesday’s hearing in Dallas, Gilkar testified that the couple has been at their son’s bedside throughout his treatment. She described the baby’s struggles, including difficulty breathing, choking on tubes, and the need for a blood transfusion. Gilkar stated, “He’s our child,” and accused West of attempting to take him away, calling her “unstable.”
West’s attorneys argued that she should have sole authority to make medical decisions for the child. The case has drawn national attention, with right-to-life groups and Republican officials rallying behind West, citing Texas’ near-total abortion ban as a factor in their support.
Legal and medical context
The baby’s condition, hypoplastic left heart syndrome, typically requires three surgeries: the first within two weeks of birth, followed by procedures at 4–6 months and 18 months to 5 years. The condition carries lifelong complications and is associated with high mortality rates without intervention. The Texas Attorney General’s office intervened in the case, securing a court order requiring that medical care be provided to the newborn.
A Dallas judge extended a temporary restraining order, maintaining that Gilkar and Ahmed, not West, are responsible for medical decisions until a final ruling is issued. The judge did not indicate when a decision would be made.
Background on the dispute
The conflict began after West refused the couple’s earlier request to terminate the pregnancy following the diagnosis of the heart defect. West has stated that she acted to protect the baby’s life, given Texas’ abortion restrictions. Gilkar and Ahmed have emphasized that they love and want the child, despite their initial consideration of abortion due to the severity of the condition.
The case highlights broader debates over surrogacy, abortion rights, and medical decision-making in states with restrictive abortion laws. Legal experts note that surrogacy contracts and parental rights vary significantly by jurisdiction, adding complexity to disputes involving out-of-state parties.
Next steps
The temporary restraining order remains in effect for two weeks, during which both sides will present additional evidence. The judge’s final decision will determine who has authority over the baby’s medical care as he continues to undergo treatment for his heart condition.