A surrogacy settlement for California couple Omar Ahmed and Nausheen Gilkar has escalated right into a custody feud after their surrogate, McKenna West, refused an abortion.
West reportedly fled to Texas, the place she gave beginning to the newborn in August, turning the case right into a multistate authorized battle involving courts in California and Texas.
Now, with a custody battle brewing, an skilled has shared that she doesn’t “see a world” the place McKenna West “has rights to the newborn” she gave beginning to, stressing that she cannot legally title him both.
The Worldwide Surrogacy company facilitated the surrogacy. West, 28, from Alaska, was matched with Ahmed and Gilkar.
In line with experiences, the settlement initially proceeded with none main points. Nevertheless, the issue arose after the newborn was recognized with hypoplastic left coronary heart syndrome (HLHS) at 20 weeks.
HLHS is a congenital coronary heart defect (CHD) that interferes with regular blood circulation by means of the center. The Facilities for Illness Management and Prevention says surgical repairs will not be a remedy, and that infants with the situation require main medical intervention and will have lifelong problems.
The supposed mother and father needed to terminate the being pregnant after the prognosis, whereas West finally determined to hold on. The surrogacy settlement is claimed to have contained a provision regarding termination in case of a fetal anomaly.
West claimed the couple was pressuring her to endure abortion. The couple has disputed her characterization of occasions, saying she initially agreed to terminate the being pregnant earlier than altering her thoughts.
The Nurse Relocated To Texas Earlier than Giving Delivery
Because the events concerned continued to disagree, the dispute spilled throughout state traces. West, who lives in Alaska the place the settlement was signed, reportedly traveled to Texas, the place she might be acknowledged because the beginning mom.
The Texas Legal professional Normal grew to become concerned earlier than the beginning. In line with The Related Press, the Legal professional Normal intervened in help of West, and a decide subsequently gave the order to present the kid the mandatory medical care.
West ultimately gave beginning on August 12, referring to the kid as Gabriel. The organic mother and father, then again, have named him Rumi.
California Court docket Gave The Organic Mother and father Custody Of The New child
McKenna is a surrogate carrying a child boy for a pair in California.
They demanded she abort after they discovered he would want surgical procedure when he’s born, however she refused.
Now, she’s talking out on the @MegynKellyShow with @MegynKelly and @LilaGraceRose. pic.twitter.com/58QKZW0IiD
— Reside Motion (@LiveAction) August 6, 2026
After beginning, the dispute shifted towards custody and parental rights. In line with the New York Publish, a California courtroom had already dominated in favor of Gilkar and Ahmed, making them the newborn’s authorized mother and father; the new child was transferred to their care.
The surrogate challenged the choice as a result of Texas regulation acknowledges anybody who offers beginning within the state because the authorized mom.
In line with a report by The Texas Tribune, West’s lawyer acknowledged that the nurse is “lawfully the guardian as a result of she gave beginning to this youngster that she carries in Texas, then she ought to management custody as properly.”
The mother and father’ attorneys, then again, proceed to argue that West is just not the kid’s organic guardian and that the surrogacy settlement established their parental rights.
Skilled Weighs In On The Controversial Surrogacy Case: ‘She Has No Authorized Proper To Title The Child’
On the query of custody, Marla Neufeld, an lawyer and reproductive lawyer based mostly in Florida and the host of “The Surrogacy Area” podcast, mentioned to the New York Publish, “I don’t see any purpose why these organic mother and father wouldn’t nonetheless be the authorized mother and father of this youngster.”
She additional defined that the majority surrogacy agreements embrace a “parentage order” that legally establishes the newborn’s organic mother and father, no matter the place the surrogate offers beginning.
“I don’t see a world the place [West] has rights to the newborn,” the skilled continued. “She is just not the organic guardian … and below the states which are at play — between Alaska, California and Texas – I’m not conscious of something of their surrogacy provisions that might give her entry to the kid.”
Branding the case an “anomaly,” Neufeld famous that West is “taking a place that’s simply so unfounded.”
She added, “I don’t know if she bonded with the kid in a approach that created one of these problem, however she has no authorized proper to call the newborn.”
The Organic Mother and father’ Legal professional Says They Are ‘Devastated’ By The
What do you concentrate on surrogate mother McKenna West combating to avoid wasting child Gabriel from abortion? pic.twitter.com/2G90FdKvvr
— LifeNews.com (@LifeNewsHQ) August 11, 2026
Legal professionals on either side of the case have publicly spoken in protection of their consumer. Most not too long ago, Lee Budner, authorized counsel for the organic mother and father, revealed that they had been left “devastated” by the political consideration surrounding the kid’s beginning.
In a press release to TMZ, Budner mentioned, “As if the heartbreak of his situation weren’t sufficient, they’re devastated to see their household tragedy reworked into political theater by the Texas Legal professional Normal’s workplace and McKenna West.”
He pressured that the couple’s focus is totally on making certain the newborn receives the medical care he wants and spending a variety of time with him.
