Surrogate Mother Continues Legal Battle After Infant With Heart Defect Undergoes Life-Saving Surgery

A surrogate mother is intensifying her legal efforts after the infant she carried, who was diagnosed with a severe heart anomaly, underwent crucial heart surgery. She claims the baby was removed from her care only 60 seconds after his birth.

McKenna West, an Alaskan cardiac nurse who carried the child, stated on Thursday that she is persisting in her fight for the infant after being separated from him almost immediately following his birth on August 12.

“I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy,” West wrote in an op-ed. “The only glimpse I got of him was during a very short 60 seconds while his umbilical cord was still connected. As soon as the cord was cut, he was taken away.”

West had previously agreed last year to serve as a surrogate for Omar Ahmed and Nausheen Gilkar, who are the child's intended parents from California.

Disputed Accounts Over Medical Decisions

According to West, Ahmed and Gilkar requested that she terminate the pregnancy after the baby was diagnosed with hypoplastic left heart syndrome (HLHS) at approximately 20 weeks gestational age. West declined the request and subsequently traveled to Texas for the birth.

The attorney representing Ahmed and Gilkar disputes key elements of West’s narrative, asserting that his clients consented to the child’s surgery as soon as medical professionals determined the infant was eligible.

Lee Budner, the attorney for Ahmed and Gilkar, indicated that doctors confirmed on August 14 that the baby, whom Ahmed and Gilkar refer to as Rumi, was a candidate for the Norwood procedure. This is the initial stage of a three-part open-heart surgical series commonly utilized for newborns with HLHS.

“My clients immediately provided consent for the surgery to occur at the hospital’s earliest availability,” Budner stated in an August 17 announcement.

Budner confirmed that the baby underwent surgery on August 17 and is currently recovering under the supervision of Ahmed, Gilkar, and his medical team. He added that the infant’s condition “remains critical and complex.”

Ongoing Custody Claims and Legal Interventions

Budner also accused West of continuing to pursue custody claims despite prior court rulings.

“Meanwhile, Ms. West continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California,” he said. “We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else.”

West, who is receiving legal assistance from Alliance Defending Freedom, has clarified that her objective is not to appropriate another couple's child, but rather to ensure the baby receives necessary medical care.

“I’m not fighting to try to take someone else’s baby,” West wrote. “I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him as he gets the ongoing treatment his fragile heart requires.”

A representative for West, identified as Rose, also commented on the situation, stating, “McKenna is fighting for custody because Gabriel needs someone willing to defend him. He deserves to remain protected and receive every chance to heal and live.”

Rose further questioned the intended parents' account regarding events preceding the surgery.

“If they were willing for Gabriel to receive the surgery, why did a Texas court have to ensure that he received it under the force of law?” Rose asked. “The court intervened, and Gabriel has now received the surgery he desperately needed. Praise God.”

Rose additionally alleged that Ahmed and Gilkar had previously withheld consent for the baby's medical care and are now seeking to transport him out of Texas. Their attorney has refuted West’s characterization of the case, reiterating that Ahmed and Gilkar consented to the surgery once the medical team deemed the baby eligible for the procedure.

Texas Attorney General Ken Paxton had previously intervened in the matter, informing two Texas medical facilities of what his office defined as their legal duties to provide medically necessary care to the child following his birth.

Future Care Remains a Point of Contention

The Norwood procedure represents the first of three surgeries typically required for HLHS, making the child's subsequent medical care a central point of the ongoing legal dispute.

Budner reiterated that the child’s condition is still “critical and complex” and that the family does not intend to provide further updates on his health.

West, meanwhile, affirmed her resolve to continue her advocacy.

“My plea, my only goal, is simple: Let’s commit to giving this baby the full treatment he needs to live,” West concluded.