A Dallas district judge has denied surrogate McKenna West’s request for sole conservatorship of the medically fragile infant she delivered in Dallas on Aug. 12. The ruling, issued on Sept. 2, follows a sealed hearing in which the judge deferred to a California court decision that affirmed the parental rights of Omar Ahmed and Nausheen Gilkar, the child’s biological parents.
Background and legal fight
West, an Alaskan surrogate, traveled to Texas – a state that bans abortion – to give birth and then sought exclusive custody so she could make medical decisions for the child, whom she refers to as Gabriel. The biological parents, both Californians, named the child Rumi and obtained a restraining order that barred West from seeing or holding him.
According to court filings, Ahmed and Gilkar considered terminating the pregnancy after learning the unborn child had a severe underdevelopment of the left side of his heart, which impedes normal blood flow. They ultimately decided to continue the pregnancy and have the child cared for in Texas.
State involvement
Texas Attorney General Ken Paxton intervened in the case, and Governor Greg Abbott’s appointee, District Judge Ashley Wysocki, ordered two Dallas hospitals to provide care for the infant and to keep him in Texas pending a final decision on West’s conservatorship claim.
West’s attorneys argue that the dismissal of her case creates “irreparable harm” because the child is in the midst of a series of life‑saving surgeries. They contend that future care is “uncertain and unknowable” and note that the parents have sued West for at least $100,000 in damages.
Potential transfer and medical outlook
The appeal filing indicates that the child could be transferred to California and placed in hospice care as early as mid‑September, despite the condition being treatable with surgery. To date, one surgery has been performed; the parents have declined to release further medical details.
Gilkar told the Dallas court that after eight unsuccessful rounds of in‑vitro fertilization and a hysterectomy, the couple pursued surrogacy. She described the infant as “the most beautiful person” she has ever seen and expressed deep love for him, even as he continues to struggle with breathing and requires blood transfusions.
Broader implications
The case highlights the lack of federal regulation on surrogacy and has drawn attention from Texas lawmakers, who are expected to consider legislation restricting surrogacy arrangements during the upcoming legislative session.
Both sides remain engaged in the legal battle, with West’s team seeking a stay from the U.S. Supreme Court to preserve the status quo while the appeal proceeds.
Original reporting: Texas Tribune (HLL/CB) — read the source article.
