Surrogacy Dispute Intensifies as Child’s Health Deteriorates
A legal battle over a newborn with a severe heart defect has intensified between a California couple and their surrogate. The couple claims the child’s condition has worsened, and they are distressed by efforts to strip them of parental rights following their initial consideration of abortion.
During a court hearing in Dallas, Nausheen Gilkar, the mother, emotionally declared, “He’s our child,” while accusing the surrogate, McKenna West, of attempting to take the child from them. West, seated across the courtroom, faces support from right-to-life groups and Republican politicians due to her stance against abortion.
The child, diagnosed with hypoplastic left heart syndrome, a rare congenital defect affecting fewer than 1,000 newborns annually, is in critical condition. The defect prevents normal blood flow, and without surgical intervention, it can be fatal within weeks. Following the first surgery, the child reportedly experienced complications, leading to further distress for the couple.
Inside the courtroom, the couple described their child, named Rumi, as “the most beautiful person I’ve never seen,” expressing their heartbreak over his suffering. Meanwhile, West, who refers to the baby as Gabriel, seeks sole conservatorship to make medical decisions, fearing the couple is not committed to necessary surgeries.
Disputes Over Abortion and Childcare Commitment
West’s legal team argues that the couple’s initial request for an abortion suggests a lack of commitment to the child’s welfare. In court, attorney Jeff Domen questioned Gilkar’s request for termination, to which she admitted without remorse, stirring further tension in the case.
West revealed she initially agreed to an abortion at the couple’s behest during the 23rd week of pregnancy but later reconsidered, believing in the child’s chance for survival. Gilkar, on the other hand, insisted that their pursuit of surrogacy was driven by medical necessity after multiple failed IVF attempts and a subsequent hysterectomy.
Contractual and Legal Complications
The surrogacy agreement, established in August 2025, is under scrutiny as Gilkar and her husband allege West violated its terms. West, who lived with the couple during the IVF process, is challenging a California court’s determination that she has no custodial rights, stating her willingness to contest this ruling.
Surrogacy regulations vary by state, lacking a federal standard, which complicates legal interpretations in such disputes. Domen, representing West, asserted, “We believe Ms. West is the mother of this child.”
The court adjourned without resolving custody or conservatorship, maintaining the restraining order against West. The case highlights the complex legal and ethical dimensions of surrogacy agreements, particularly when medical crises arise.
For more detailed coverage of this case, read the full article on AP News.
