Surrogate refuses abortion, now fights custody

McKenna West, a 28-year-old nurse, refused to terminate her pregnancy despite the biological parents' request when the fetus was diagnosed with a serious heart defect. Now she's fighting to prevent them from taking the newborn out of Texas.

Baby born with critical heart condition

The infant, born August 12, has hypoplastic left heart syndrome and underwent open-heart surgery called the Norwood procedure. He remains hospitalized in Dallas receiving ongoing treatment.

Parents want to move baby to California

Omar Ahmed and Nausheen Gilkar, who live in Los Angeles, obtained a California court order recognizing them as the baby's legal parents. They want to remove him from the Dallas hospital and take him home.

West files emergency Supreme Court appeal

West asked the U.S. Supreme Court to block the California court order, arguing she was denied due process and that the baby's life is at risk if removed from his current medical care.

Urgent timeline for removal

West's lawyers warned the Supreme Court that the biological parents could attempt to remove the five-week-old from the hospital as soon as September 17, 2026, and later said an immediate stay was needed by 1 p.m. the next day.

“'relief was urgently needed' because Ahmed and Gilkar could attempt to remove the baby from the hospital 'as soon as September 17, 2026.'”

West dismissed from Texas court case

On September 2, West was dismissed from the Texas court proceedings with prejudice, meaning she has no right to information about the child and no standing to defend orders requiring his medical care.

Surrogate claims violation of due process

West argues she was improperly brought into California court on just two days' notice without proper service when the judge made the ruling recognizing Ahmed and Gilkar as legal parents.

Surrogacy contract included abortion clause

West signed an agreement allowing the parents to terminate the pregnancy if there were fetal abnormalities. The contract also included provisions for monthly payments and an abortion fee.

Heart defect diagnosed at 23 weeks

By April, ultrasounds revealed the baby had hypoplastic left heart syndrome, a condition he might not survive. Ahmed and Gilkar asked West to terminate the pregnancy due to these complications.

West refused diagnostic amniocentesis test

West declined an amniocentesis that would have definitively shown if the baby was a candidate for the necessary open-heart surgery. The parents' lawyer said this delayed the surgery by days after birth.

Baby required resuscitation at birth

The infant went into distress immediately after delivery. When doctors tried to give him medicine, the tube came out and he stopped breathing, requiring emergency intervention.

“'When they tried to give him medicine, the tube came out and he stopped breathing and a chaplain was called. He's suffering a lot.'”

Extensive medical procedures already performed

The baby has undergone genetic testing, blood work, echocardiograms, and the Norwood open-heart surgery. He requires constant medical attention and has only been held by his parents a handful of times.

Parents deny refusing medical care

Ahmed and Gilkar acknowledge requesting abortion due to the heart condition but deny they ever refused or intended to refuse medical care to the child after birth.

Parents' long journey to parenthood

Gilkar underwent eight failed rounds of in vitro fertilization and had to have a hysterectomy. She told the court that surrogacy was their only option to have a biological child.

“'This was our only option. We've never wanted anything more than this baby.'”

Restraining order prevents West from seeing baby

Ahmed and Gilkar obtained a court order preventing West from seeing or holding the child. They have accused her of violating the surrogacy contract and trying to take their baby away.

Condition can be fatal without treatment

Hypoplastic left heart syndrome can lead to death within days or weeks without treatment. Even with surgery, additional procedures or heart transplants may be needed later in life.

Surrogacy lacks federal regulation

Surrogacy is not regulated at the federal level, leaving each state to set its own laws. This creates gaps in interpretation and can lead to conflicts like the one between West and the biological parents.

Supreme Court not obligated to hear case

The U.S. Supreme Court is not required to accept West's appeal. Even if justices review her emergency request, they may decline to hear the full case on its merits.