Surrogacy Custody Battle: New Details in the Case of Newborn With Heart Defect
The custody case involving a newborn with a life-threatening heart defect intensified as the child’s biological parents and his surrogate faced off in a Dallas courtroom.
Dallas County District Judge Ashley Wysocki heard emotional testimony from genetic mother Nausheen Gilkar and surrogate McKenna West, according to KERA News. Attorneys argued over who should have the authority to make decisions for the baby, who was born with hypoplastic left heart syndrome – a serious congenital condition requiring surgery shortly after birth.
The judge ultimately extended a temporary restraining order against West for another 14 days. But emotional testimonies from both sides sparked additional debate.
“She has no right,” Gilkar told the court Tuesday, referring to West. “She’s making us run from doctor to doctor, state to state with our baby. She’s trying to take him.”
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The baby’s legal name is Rumi Ali Ahmed, but West and her attorneys call him “Baby Gabriel.” He was born Aug. 12, after West traveled from Alaska to Texas during the pregnancy for legal pro-life protections, we previously reported.
“He’s the most beautiful person I’ve never seen,” Gilkar continued on the stand. “He’s the love of our lives. He’s suffering a lot.”
Gilkar testified that she and her husband, Omar Ahmed, asked West to terminate the pregnancy after the heart defect was diagnosed, consistent with a provision in their 2025 surrogacy agreement, according to NBC News. West testified that she made appointments to undergo an abortion but ultimately could not go through with it.
She defended her actions in court, saying, “He is here, and he has a birthday because of the fight I put up.”
Rumi’s condition remains critical. After undergoing an open-heart operation, the baby experienced complications and had to be reintubated, according to the latest court filings obtained by USA Today. A court-appointed attorney said he is expected to remain in critical care for at least another 30 days. But West testified that she believed the baby deserves a chance at life.
“I knew that this baby, despite the diagnosis, had a great chance at survival and a great chance at living a long, meaningful life,” West said.
The hearing marked the first time Gilkar spoke publicly about the case. She rejected allegations that she and her husband, Omar Ahmed, were unwilling to provide medical care for their son, according to KERA. She said they had arranged specialized pediatric cardiac care in California. West, meanwhile, has argued that she does not trust the couple to pursue the treatment she believes Rumi needs and continues to seek custody.
For now, the judge’s extended temporary order prevents West from seeing him or making medical decisions on his behalf. Rumi remains hospitalized in Dallas, while both sides wait to resolve the larger debate on parental authority.
