A complex surrogacy dispute involving California, Alaska and Texas intensified after surrogate McKenna West gave birth in Texas to a baby with hypoplastic left heart syndrome, a severe and life-threatening congenital heart condition. The baby was born on August 12 and is receiving specialised medical care. According to the intended parents’ attorney, the child is now in the custody of the intended parents, Nausheen Gilkar and Omar Ahmed, while West continues to challenge the custody arrangements as per CBS News. The Associated Press reported that the baby was born a day after a Texas judge ordered that life-sustaining care be provided, adding another chapter to a case involving medical decisions, parental rights and differing state laws.
How the dispute began
West, who is from Alaska, was serving as a gestational surrogate for California couple Nausheen Gilkar and Omar Ahmed. During the pregnancy, doctors diagnosed the fetus with hypoplastic left heart syndrome, or HLHS, at about 20 weeks.HLHS is a serious congenital heart condition in which the left side of the heart is severely underdeveloped. Babies born with the condition generally require surgery soon after birth and may need additional procedures as they grow. The baby in this case is receiving specialised medical care and is expected to undergo complex treatment.According to court filings and reporting by the Associated Press, the diagnosis led to a disagreement between West and the intended parents over whether the pregnancy should continue. West has said that Gilkar and Ahmed wanted her to terminate the pregnancy, reportedly. The couple, however, have disputed West’s characterisation of events, saying they sought medical advice about the baby’s condition and that West initially agreed to end the pregnancy before changing her mind.The disagreement eventually became a legal dispute. West left Alaska and travelled to Texas while pregnant, where she sought to continue the pregnancy and obtain medical care for the baby. Reporting indicates that the case subsequently involved courts in multiple states as the parties disputed parental rights, the surrogacy agreement and medical decisions concerning the pregnancy and child.
Baby holding hand (Representative Image, Canva)
Why Texas became central
Texas became a major part of the dispute because West was there when the baby was born and because of the state’s laws concerning abortion and the legal status and protection of children.Texas Attorney General Ken Paxton intervened before the birth, seeking court protection for the baby and arguing that the child should receive life-sustaining treatment. On August 11, a Texas judge ordered that medically indicated stabilising and life-sustaining care be provided after the child’s birth. The order also restricted the baby’s removal from Texas while the legal proceedings continued.The baby was born on August 12 in Dallas and is receiving medical treatment. HLHS typically requires a series of surgeries, with the first procedure generally taking place shortly after birth.The case has also attracted political attention. Anti-abortion groups have supported West, while the intended parents have criticised what their attorney described as the politicisation of their family situation. West has received legal support from Alliance Defending Freedom, while Live Action has also supported her.
Baby now in intended parents’ custody
Following the birth, the custody situation shifted again. According to the intended parents’ attorney, the baby is now in Gilkar and Ahmed’s custody and receiving specialised medical care. A court order gives the intended parents authority over medical decisions and restricts West’s contact with the child, according to reporting.West’s attorney is challenging that arrangement and argues that West should be recognised as the child’s legal mother under Texas law. That position remains disputed, and the question of legal parentage has not been finally resolved.The intended parents maintain that West violated their surrogacy agreement by refusing to return to California and by continuing the pregnancy after they sought its termination. West’s legal team disputes that characterisation and argues that she retained the right to make decisions about the pregnancy.The dispute has now moved beyond the question of medical treatment to the larger question of who has legal authority over the child. With different states involved and competing claims based on the surrogacy agreement and state law, the case remains unresolved.For now, the baby is receiving medical care while in the intended parents’ custody, according to their attorney, while West continues her legal challenge. The parties are expected back in court in Dallas later in August, and the custody and parental-rights questions remain ongoing.
