Story perspectives

Judge Postpones Custody Decision After Paxton Emergency Order

8/27/2026

Summary

Surrogate Sues

Surrogate McKenna West sued Los Angeles parents Naushen Gilkar and Omar Ahmed for custody of their newborn.
The infant, born Aug. 12, 2026 in Dallas, Texas, has hypoplastic left heart syndrome.
Texas Attorney General Ken Paxton obtained an emergency order requiring hospitals to provide life-saving treatment.
A Dallas judge kept a restraining order barring West from seeing the baby and postponed a final decision.
West said she will drop her custody claim if the parents commit to the infant’s ongoing surgeries.

Summary

West Legal Funding

Alliance Defending Freedom is covering McKenna West’s attorney fees and living expenses.
A $128,000 online fundraiser is also financing West’s legal defense.
West, a 28-year-old Alaskan nurse and mother of two, traveled to Texas to avoid an abortion.
The $60,000 contract allows termination if fetal abnormalities are detected.
The case has ignited national debate on abortion, surrogacy law, and parental rights across three states.

History

Historical Context

Roe v. Wade (1973) established a federal right to abortion, striking down Texas statutes that allowed abortions only to save a woman's life. After the 2022 Dobbs decision overturned Roe, Texas enacted the 2021 Heartbeat Act, banning abortions after six weeks and permitting private lawsuits. The law now frames the McKenna West surrogacy custody fight, with Attorney General Ken Paxton invoking the same restrictions.

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Surrogate Sues

Surrogate McKenna West sued Los Angeles parents Naushen Gilkar and Omar Ahmed for custody of their newborn.
The infant, born Aug. 12, 2026 in Dallas, Texas, has hypoplastic left heart syndrome.
Texas Attorney General Ken Paxton obtained an emergency order requiring hospitals to provide life-saving treatment.
A Dallas judge kept a restraining order barring West from seeing the baby and postponed a final decision.
West said she will drop her custody claim if the parents commit to the infant’s ongoing surgeries.

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