A newborn baby at the heart of a contentious surrogacy dispute is now in the physical custody of his intended parents and receiving medical treatment, according to their legal counsel. The infant, born Wednesday morning in Texas, was diagnosed months ago with hypoplastic left heart syndrome, a rare cardiac condition requiring specialized surgical intervention early in life.
Court documents identify the intended parents as Nausheen Gilkar and Omar Ahmed of California. According to Texas Attorney General Ken Paxton, who intervened in the matter earlier this week, the couple had requested that the surrogate, McKenna West of Alaska, undergo an abortion upon learning of the child’s diagnosis. West declined the request and traveled to Texas prior to the birth. In response, Paxton secured a court order mandating that the infant receive necessary lifesaving medical care and establishing that Gilkar and Ahmed, rather than West, hold the authority to make medical decisions for the child.
Attorney Lee Budner, representing Gilkar and Ahmed, confirmed in a statement that the couple has taken custody of their son at a tertiary care facility. Budner characterized West’s attempts to intervene in the child’s medical care as “baseless” and rejected by the courts. He further stated that his clients are focused solely on their son’s health and well-being, while expressing frustration that their private family situation has been turned into “political theater” by the Texas Attorney General’s office and the surrogate.
Conversely, Lincoln Davis Wilson, the attorney for McKenna West, indicated that his client intends to continue her legal fight for custody. Wilson noted that under current court mandates, West was denied contact with the infant following the birth. “We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child,” Wilson stated.
Despite the infant’s serious heart condition, Wilson reported that the baby—whom he referred to as Gabriel—is showing positive signs. While he could not disclose the specific location where the child is being treated, Wilson noted that the facility has a strong track record for performing the required procedures. The parents remain committed to spending time with their newborn while following the guidance of his medical team.
“Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with their beautiful newbo
Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would.”
Jason Allen and Kerry Breen contributed to this report.
