Dallas, Texas – A Texas judge is presiding over a heated custody dispute that centers on a newborn who underwent a Norwood procedure to treat hypoplastic left heart syndrome. Intended parents Nausheen Gilkar and Omar Ahmed argue they should retain medical decision‑making authority, while surrogate McKenna West seeks sole conservatorship.
Medical background
The infant, born on Aug. 12, was diagnosed at about 20 weeks gestation with hypoplastic left heart syndrome (HLHS), a severe congenital defect that leaves one side of the heart underdeveloped. Without intervention, HLHS can be fatal within days. Doctors determined the child was eligible for the Norwood procedure, the first of three open‑heart surgeries typically required for this condition, and the surgery was performed on Aug. 17.
Following the operation, the baby’s condition worsened, prompting doctors to re‑intubate him and place him back on a breathing tube. The parents say the child has required blood transfusions, struggled to breathe, and remains in critical condition.
Legal battle
Gilkar and Ahmed filed a temporary restraining order that gave them custody of the child while the case proceeds. West, an Alaska‑born cardiac nurse who traveled to Texas to give birth, argues the court should grant her sole conservatorship so she can make medical decisions. She says she will abandon the request if the parents demonstrate a commitment to providing life‑saving care.
Attorney General Ken Paxton secured an emergency order before the birth directing Texas hospitals to provide medically necessary treatment without delay. Paxton’s office also reminded two Dallas medical centers of their obligations to deliver life‑saving care.
Financial and contractual claims
Beyond the custody issue, Gilkar and Ahmed have filed counterclaims seeking more than $100,000, alleging West breached their surrogacy agreement and caused emotional distress. The couple says they paid West $60,000 during the pregnancy under an agreement that addressed termination. West denies any wrongdoing and asks the court to dismiss the claims.
Current status
The judge left the existing order barring West from seeing or holding the baby in place and did not immediately rule on the larger conservatorship question. Both sides await further hearings as the newborn continues to receive intensive care.
The case highlights the complex intersection of surrogacy contracts, parental‑rights, and the duty to provide life‑saving medical treatment for children with serious disabilities.
Original reporting: Fox News (HLL/CB) — read the source article.