Full Breakdown
Texas Court Hearing Over Custody and Medical Decision-Making for a Newborn with a Critical Heart Defect
8/26/2026, 4:19:31 AM
Core Event
In August 2026, a Texas district court heard arguments from California couple Nausheen Gilkar and Omar Ahmed and their surrogate, McKenna West, over who should have legal authority to make medical decisions for their newborn son, diagnosed with hypoplastic left heart syndrome (HLHS). The parents seek to retain parental rights, while West is pursuing sole conservatorship, arguing the parents previously asked her to terminate the pregnancy. The judge left an existing temporary restraining order—preventing West from seeing or caring for the infant—in place and did not issue a final custody ruling during the hearing.
Background & Context
Gilkar and Ahmed entered a surrogacy contract with West in August 2025 that they say allowed termination if a severe fetal abnormality was detected. A 20-week ultrasound revealed HLHS; the intended parents requested an abortion, which West refused, later traveling from Alaska to Texas to give birth. Texas law, under Chapter 170A of the Health & Safety Code, bans most abortions after 2022, permitting them only when the pregnant woman’s life or health is at risk. Texas Attorney General Ken Paxton intervened before birth, securing an emergency order that hospitals provide medically necessary care and that the infant remain in Texas while litigation proceeds.
Data & Statistics
- HLHS affects fewer than 1,000 newborns in the United States each year (CDC).
- The condition requires a series of surgeries; the first, the Norwood procedure, is performed shortly after birth.
- The infant’s records show he underwent a Norwood procedure and subsequently required re-intubation and a blood transfusion, indicating postoperative complications.
Official Statements & Responses
- Nausheen Gilkar testified that the couple had arranged medical care in California and that West had withheld records, leaving them uncertain of the infant’s status for two months.
- Texas Attorney General’s Office says the emergency order protects the child’s right to receive necessary treatment in Texas.
- Court filings from the parents describe the infant as in “critical condition” and request a postponement of the upcoming hearing to focus on his health needs. No final custody or conservatorship ruling has been made.
Verbatim Quotes
- “I knew that this baby, despite the diagnosis, had a great chance at survival and a great chance at leading a long life,” — Alliance Defending Freedom attorney
- “He’s the most beautiful person I’ve never seen,” — Nausheen Gilkar
- “Would you trust somebody to care for your child that wanted your child dead?” — Jeff Domen
Conflicting Reports & Gaps
- The infant is called “Rumi” by the parents and “Gabriel” by West in court documents.
- Court filings allege the baby’s condition worsened after surgery, but independent medical verification of the specific complications has not been provided.
- Parents claim West withheld records; West’s attorneys say the parents have not demonstrated commitment to the required surgical regimen.
What’s Next
The parents have asked the court to delay the scheduled hearing on the temporary restraining order, citing the infant’s deteriorating health. The court’s decision on the postponement and on the ultimate conservatorship arrangement remains pending.
