The biological parents at the centre of one of the most divisive surrogacy cases in recent American legal history have spoken out in a Dallas courtroom, breaking down in tears as they described the critical condition of their newborn son, who remains in intensive care following complex open-heart surgery.
Nausheen Gilkar and Omar Ahmed, a couple from California, appeared before Dallas County Judge Ashley Wysocki on Tuesday alongside their legal team, as the multi-state custody battle with surrogate McKenna West continued to intensify.
The couple explained that after enduring eight failed rounds of IVF and Gilkar undergoing a hysterectomy, surrogacy had been their only remaining path to having a child. When West fell pregnant via IVF and was diagnosed at 20 weeks with hypoplastic left heart syndrome, a severe congenital heart defect affecting the left side of the heart, the couple made the decision to request a termination under the terms of their surrogacy contract, which contained an abortion clause for cases of severe fetal abnormality.
West refused, and subsequently fled to Texas, where strict abortion laws meant she could not be compelled to terminate the pregnancy. She gave birth on August 12 to a boy she calls Gabriel. His biological parents refer to him as Rumi.
Since his birth, the infant has faced critical health complications. He has undergone genetic testing, echocardiograms, and a complex two-day open-heart surgery. Doctors noted the procedure was complicated by the absence of prenatal amniocentesis testing, which West had refused to undergo. The baby stopped breathing during a medical procedure when a tube became dislodged, prompting a chaplain to be called.
Speaking directly to the court, Gilkar described the moment she first saw her son. "He's the most beautiful person I've ever seen," she said through tears. She went on to describe the terror of watching him fight for his life, telling the judge: "He's suffering a lot."
"This was our only option," she added. "We've never wanted anything more than this baby."
The couple told the court they are fully committed to their son's care and have been present throughout his medical treatment. A California court has already recognised them as Rumi's sole legal parents and issued a temporary restraining order preventing West from contacting the infant.
West, a 28-year-old nurse from Alaska and mother of two, has applied for custody on the basis that under Texas law, the woman who gives birth to a child is considered the mother. Her attorney Lincoln Wilson has argued that forced abortion clauses in surrogacy contracts should not be legally enforceable, comparing them to hitman contracts.
"She is the mother," Wilson told the New York Post. "The right to get an abortion also entails the right to not get an abortion."
West has also sued the couple for breach of contract after they halted her surrogate compensation. She maintains she acted to protect the baby's life.
"I knew that he deserved to be protected and that he deserved a chance," she said in a recent interview.
Judge Wysocki extended the restraining order against West for a further 14 days while the court weighs the competing claims. The case continues to raise profound questions about surrogacy contracts, abortion law, and parental rights that American courts are only beginning to grapple with.
