California couple and surrogate clash in Texas court over custody of newborn with life-threatening heart defect

A California couple and their surrogate clashed in a Dallas courtroom Tuesday over custody of a newborn with a life-threatening heart defect, as the child’s condition worsened and both sides accused the other of endangering his life.

Nausheen Gilkar and her husband, Omar Ahmed, told the court the baby—whom they named Rumi—was in critical condition after surgery for hypoplastic left heart syndrome, a rare congenital defect affecting fewer than 1,000 U.S. newborns annually. Gilkar testified that the infant had no blood flow to the left side of his heart and had struggled with breathing, choking and a blood transfusion. “He’s our child,” she said, wiping away tears. Of the surrogate, McKenna West, she added, “She’s unstable. She’s trying to take him from us.”

West, a nurse who traveled from Alaska to give birth in Texas on Aug. 12, said she had scheduled an abortion at 23 weeks at the couple’s urging but ultimately refused. “I knew that this baby, despite the diagnosis, had a great chance at survival and a great chance at leading a long life,” she testified. West, who calls the child Gabriel, is seeking sole conservatorship to make medical decisions for him. The couple obtained a restraining order barring her from seeing or holding the baby, which remained in effect after the hearing. The judge did not rule on final custody or conservatorship.

The case has drawn attention from right-to-life groups and Republican officials, including Texas Attorney General Ken Paxton, who supported West’s position. Court documents filed by the couple’s attorney stated Rumi appeared to be suffering complications from a post-birth procedure. West’s lawyers argued the couple intended to withhold necessary treatment for the child’s condition, which can be fatal without intervention.

The dispute centers on a surrogacy agreement between the California couple and West, who was implanted with an embryo in late 2025. After doctors diagnosed the fetus with severe heart defects, the couple requested an abortion, according to West’s attorneys. West, however, chose to carry the pregnancy to term in Texas, where most abortions are banned. The couple and West have since been locked in a legal battle over parental rights and medical decision-making.

The judge did not indicate when a ruling would be issued.