The surrogacy dispute between McKenna West and biological parents Nausheen Gilkar and Omar Ahmed has escalated to the US Supreme Court, with the couple filing new allegations against the surrogate as their five-week-old son remains in hospital following major heart surgery.
The case began when doctors discovered at around 20 weeks that the baby West was carrying had hypoplastic left heart syndrome, a rare condition in which the left side of the heart is severely underdeveloped. Gilkar and Ahmed requested West terminate the pregnancy under the terms of the surrogacy agreement. West refused and traveled to Texas, where she gave birth to the boy she calls Gabriel. The biological parents call him Rumi.
West has since pursued legal action, asking the Supreme Court to halt a California judgment that recognised Gilkar and Ahmed as the baby's legal parents. She is seeking custody or conservatorship, arguing she does not believe the couple will allow the child to receive the lifesaving treatment he needs.
The parents have rejected that claim entirely, saying they have been present at hospital throughout and have followed every recommendation made by Rumi's medical team. Gilkar has spoken tearfully about her journey to motherhood after eight unsuccessful rounds of IVF and a hysterectomy, saying: "He's our child, we've never wanted anything more than this baby."
What the parents are now saying about West: in their Supreme Court filing, their attorneys accused her of fabricating an emergency and putting the baby's medical care at risk through her legal actions, alleging she has been conducting a publicity tour and making false claims about the child's healthcare.
Attorney Adam Wolf said in a statement: "McKenna West fabricated an emergency. If the Supreme Court were to grant the application for an emergency stay, it would threaten Rumi's ability to receive necessary healthcare, further stacking the deck against him. It's time to stop playing politics. A child's life is at stake."
A second attorney, Lee Budner, added: "While McKenna West has been conducting a publicity tour, Rumi's parents have been quietly caring for their child and following the recommendations of Rumi's medical team. A stay would only create confusion over medical decision-making authority and jeopardize the providers' ability to rely on the parents' consent to Rumi's treatment."
The baby, whose chest bears a surgical scar from his heart operation, remains surrounded by medical equipment. The biological parents have launched a GoFundMe to help cover the cost of medication, surgeries, therapy, hospital stays and other expenses connected with his ongoing treatment.
