Full Breakdown
Texas Surrogacy Dispute: Birth, Surgery, and Ongoing Custody Fight
8/20/2026, 8:56:56 PM
The Birth and Immediate Legal Battle
On August 12, McKenna West, an Alaska-based gestational carrier, gave birth to a baby boy in a Dallas hospital. The infant, diagnosed in utero with hypoplastic left heart syndrome (HLHS), was named Rumi by the intended parents, Omar Ahmed and Nausheen Gilkar, and called Gabriel by West. The day before delivery, Texas Attorney General Ken Paxton issued an emergency order requiring the hospitals to provide life-sustaining care and to keep the child in Texas while the dispute proceeded. A temporary restraining order barred West from seeing the newborn, granting Ahmed and Gilkar physical custody and medical decision-making authority.
Background: Contract, Diagnosis, and the Abortion Request
The surrogacy agreement, filed on August 10, allowed the intended parents to request termination of the pregnancy in writing if a fetal abnormality was detected. At roughly 20 weeks, an ultrasound revealed HLHS. Ahmed and Gilkar sent a text on June 8 stating they would no longer ask West to abort and would arrange medical care for the child in California. West later traveled to Texas, citing the state’s restrictive abortion laws and the presence of a leading pediatric cardiac center.
Medical Facts and Treatment
HLHS affects about 925 infants annually in the United States, according to the CDC. Standard treatment involves three staged surgeries: the Norwood procedure (within the first two weeks), the Glenn shunt (around 4–6 months), and the Fontan operation (18 months to 3 years). The newborn underwent the Norwood procedure on August 17 at a Dallas tertiary-care hospital. Physicians reported the condition remained “critical and complex,” and lifelong cardiac follow-up will be required.
Official Statements & Responses
- The Texas court order prohibited any withholding of medically indicated treatment and barred the child’s removal, discharge, or transfer while the case remains pending.
On-the-Ground Report
Budner indicated that this would be the final health update the family intends to release, citing the baby’s condition and the family’s desire for privacy during recovery.
Conflicting Reports & Gaps
- Agreement to Abort: A July 20 filing in Alaska states that West “initially agreed” and “made the initial appointment” for termination, while West’s counsel maintains she acted under duress and later changed her mind.
- Custody Claims: California courts have recognized Ahmed and Gilkar as the legal parents, but West’s attorneys argue that Texas law makes the birth mother the child’s legal parent. The dispute hinges on the interplay between the Full Faith and Credit Clause and state-specific parentage statutes.
Verbatim Quotes
- “We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else,” — Lee Budner, attorney
- “The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves,” — Ken Paxton, republican attorney
What’s Next
A Dallas County hearing is expected to address the remaining custody and long-term medical decision issues. Both parties have indicated they will continue to pursue their respective legal strategies while the infant remains under intensive cardiac care.
