A surrogacy arrangement between a California couple and an Alaska-based surrogate has turned into a bitter, multi-state legal fight, after the surrogate refused to terminate the pregnancy following a serious prenatal diagnosis. The baby is now in intensive care following emergency heart surgery.
Years of IVF led the couple to surrogacy
Nausheen Gilkar and Omar Ahmed turned to surrogacy after eight rounds of failed IVF and a hysterectomy left them unable to carry a pregnancy themselves. They entered into an agreement with McKenna West, a 28-year-old nurse from Alaska, to carry their child.
A diagnosis changed everything
During the pregnancy, doctors diagnosed the unborn baby with hypoplastic left heart syndrome, a serious congenital heart condition. According to court filings, West declined to undergo an amniocentesis that medical teams wanted in order to properly assess the baby's condition and plan for potential treatment.
Gilkar and Ahmed say their surrogacy agreement included a clause requiring termination in the event of severe fetal abnormalities. When they asked West to end the pregnancy on medical grounds, she refused, and relocated to Texas, where abortion law is far more restrictive than in California. She has since received legal support from the Alliance Defending Freedom, a conservative legal organisation.
A difficult start for baby Rumi
West gave birth on 12 August to a boy the biological parents have named Rumi. Since then, he's needed genetic testing, echocardiograms, and a two-day open-heart surgery, which doctors said was complicated by the earlier lack of prenatal testing. He remains in intensive care.
Gilkar and Ahmed described their son as "the most beautiful person" they'd ever seen, and told the court they're fully committed to his care.
Where the custody fight stands
A California court has already recognised Gilkar and Ahmed as Rumi's legal parents, and issued a restraining order preventing West from contacting the baby. West is separately suing the couple for breach of contract after they stopped her surrogacy payments, and is seeking custody herself.
A Dallas County judge has extended the restraining order against West for a further 14 days while the custody dispute continues.
