Surrogate Refused Termination, Gave Birth — Now California, Alaska and Texas Are Fighting Over Custody

A newborn with a serious congenital heart defect is at the center of an unprecedented multi‑state legal fight after his Alaskan surrogate declined the intended parents' reported request to end the pregnancy and carried the child to term. The infant was delivered on Wednesday, August 12, in Texas and is receiving specialized cardiac care while competing parentage claims play out in court.

Three States, One Dispute

The case involves three jurisdictions: the intended parents, Omar Ahmed and Nausheen Gilkar, live in California and their surrogacy contract—signed in August 2025 through Worldwide Surrogacy Specialists—was governed by California law. The surrogate, McKenna West, lives in Alaska, where the parties’ dispute over whether to end the pregnancy reportedly unfolded. The birth occurred in Texas, and Texas courts have already issued emergency orders related to the infant's care and location.

Conflicting Accounts

Both sides have made public statements that tell sharply different stories. The intended parents' attorney, Lee Budner, said:

“Our clients' son was born yesterday morning, and he is now in their physical custody while he receives expert medical care at a tertiary care center.”

West's attorney, Lincoln Davis Wilson, said his client is challenging the current parentage orders:

“We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth to a child the mother of the child.”

West's legal team also asserts that court orders have prevented her from seeing or holding the baby since birth. The couple's filings assert West initially agreed to terminate the pregnancy and even scheduled an appointment before she stopped communicating. Those factual disputes have not yet been resolved in court.

Medical Stakes: Hypoplastic Left Heart Syndrome

The fetus was diagnosed around five months with hypoplastic left heart syndrome (HLHS), a severe congenital heart defect in which the left side of the heart does not develop properly. HLHS typically requires a series of three staged surgeries beginning within days or weeks of birth; without early intervention infants often die within days or weeks. Survivors may need further procedures or, in some cases, a heart transplant later in life.

Details about the infant's current condition, the specific hospital providing care and the planned surgical approach have not been disclosed publicly. Texas courts have ordered the infant receive medically necessary treatment and remain in the state at least until a hearing scheduled for late August.

Political and Legal Intervention

In the days before the birth, Texas Attorney General Ken Paxton publicly intervened, saying he wanted to ensure the baby would receive lifesaving care. The intended parents have publicly emphasized that their priority is the child's medical treatment. Because there is no federal law governing surrogacy, state rules differ widely—an important factor fueling the jurisdictional dispute.

Why This Matters

This dispute underscores how surrogate pregnancies, prenatal diagnoses and state-by-state legal variation can collide with intense ethical, medical and parental consequences. The case raises fundamental questions about who has ultimate decision-making authority when a surrogate's choices conflict with intended parents' wishes, especially where a life‑threatening diagnosis is involved.

A hearing is set for late August to begin resolving the competing parentage and custody claims. For now, the newborn remains under the physical custody of the intended parents while courts in Texas, and legal teams in California and Alaska, sort next steps.

Note: Names used by the parties differ: the intended parents have referred to the child as Rumi, and McKenna West has used the name Gabriel. The full surrogacy contract has not been made public, and many medical and legal details remain confidential.