The baby at the center of a high-profile Texas surrogacy dispute is now in the physical custody of his intended California parents and receiving medical care, according to their attorney.
The infant was born Wednesday morning in Texas with hypoplastic left heart syndrome, a rare congenital heart defect that typically requires a series of surgeries beginning in the first weeks of life. The intended parents, identified in court documents as Nausheen Gilkar and Omar Ahmed of California, and the surrogate, McKenna West of Alaska, have been locked in a legal battle over the pregnancy and custody.
According to Texas Attorney General Ken Paxton, who intervened in the case this week, the parents requested that West terminate the pregnancy after the diagnosis months earlier. West refused and traveled to Texas before the birth. Paxton secured an emergency court order requiring life-saving medical care for the newborn and ruling that Gilkar and Ahmed, not West, are responsible for medical decisions consistent with the order.
Attorney Lee Budner, representing the intended parents, said in a statement Thursday that their son is now in their custody at a tertiary care center and receiving expert medical care. “Thankfully, McKenna West’s baseless attempt to interfere with his medical care has been soundly rejected by the courts,” Budner said. “Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team.”
West’s attorney, Lincoln Davis Wilson, told CBS News that court orders barred her from contact with the child after birth. He said West intends to challenge the parentage orders, arguing that under Texas law a woman who gives birth is the mother of the child. Wilson referred to the baby as Gabriel and said early signs beyond the known heart condition were positive, with care being provided at a facility experienced in the necessary procedures.
The legal dispute continues, with further court proceedings expected. No additional details on the infant’s specific condition or treatment plan have been released publicly.
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