Health
California couple and surrogate testify in Texas court over custody of newborn
A legal battle in Dallas centers on parental rights and medical decision-making for an infant born with a severe heart defect.
The short version
- Intended parents Nausheen Gilkar and Omar Ahmed testified alongside surrogate McKenna West in a Dallas court regarding custody and conservatorship of a newborn born on August 12.
- West is seeking sole conservatorship to make medical decisions for the infant, who has hypoplastic left heart syndrome, arguing the couple previously asked her to abort the pregnancy following the diagnosis.
- The intended parents assert that West violated their August 2025 surrogacy contract and note a California court ruling determined she has no custody rights, while their attorney reported the baby is in critical condition following a medical procedure.
- The Texas judge did not issue a final ruling on custody or conservatorship, leaving an existing restraining order that bars West from seeing the child in effect.
Key facts
- McKenna West, an Alaskan nurse who gave birth in Texas on August 12, is seeking sole conservatorship of a newborn diagnosed with hypoplastic left heart syndrome.[Associated Press · ABC News]
- Intended parents Nausheen Gilkar and Omar Ahmed entered a surrogacy agreement with West in August 2025 following Gilkar's medical complications and hysterectomy.[Associated Press · ABC News]
- West testified that she refused to go through with an abortion scheduled at 23 weeks, believing the child had a chance at survival despite the cardiac defect.[Associated Press · ABC News]
- The couple obtained a restraining order barring West from seeing or holding the baby after birth.[Associated Press · ABC News]
- Attorneys for the couple referenced a California court ruling that determined West holds no physical or legal custody rights.[Associated Press · ABC News]
- The Texas judge declined to issue an immediate decision on conservatorship or custody, keeping the restraining order active.[Associated Press · ABC News]
What remains uncertain
- The timing of the Texas court's eventual ruling on final custody and legal conservatorship remains unannounced.[Associated Press · ABC News]
- It is unresolved how the Texas court will reconcile state surrogacy laws and jurisdictional conflicts with the prior California court order.[Associated Press · ABC News]