Supreme Court to Review Surrogacy Dispute Involving Child with Heart Defect

A surrogate mother is calling on the U.S. Supreme Court for intervention in a custody issue involving a 4-week-old child born with a severe heart condition. The surrogate, McKenna West, has requested emergency assistance after a disagreement with a California couple, Omar Ahmed and Nausheen Gilkar, over abortion and surrogacy matters.

West, a nurse from Alaska, journeyed to Dallas to give birth in August. Texas legislation generally prohibits abortions. She hopes the Supreme Court will stop a California directive that acknowledges Ahmed and Gilkar as the child’s legal parents. They refer to the baby as Rumi, while West calls him Gabriel. Citing their previous abortion request at 23 weeks, West wants custody or conservatorship. She fears they will not ensure necessary medical care for the baby.

The child was born on August 12 with hypoplastic left heart syndrome, a condition affecting blood flow in the heart. Before his birth, Texas Attorney General Ken Paxton’s office intervened, mandating emergency medical care for the child.

In an interview, West expressed concern about her ability to decide on the child’s treatment, saying, “Something might be wrong, and I may be the one that’s not able to make a decision about the treatment.” Shortly after birth, the child had surgery.

The couple’s lawyer, Lee Budner, indicated the newborn’s condition is critical with possible complications. Surrogacy operates under varied state laws as it lacks federal regulation.

Ahmed and Gilkar have not addressed the Supreme Court filing yet. CBS News asked the couple’s lawyer for thoughts on the emergency petition. They previously accused West of breaching the surrogacy agreement and acquired a Texas restraining order preventing her from seeing the child. The Texas court designated Ahmed and Gilkar for the baby’s medical decisions.

During an August 25 Dallas hearing, Gilkar described West as “mentally unstable,” accusing her of trying to take their baby. “He’s our child,” Gilkar asserted emotionally in court. She claimed West withheld information about her move to Texas and the child’s medical history, which West admitted.

Testifying, Gilkar reiterated the couple’s initial May abortion request due to the heart defect.

West communicated to the court her willingness to abandon custody claims if they ensured the child’s required care. “Denying lifesaving care is not true,” Gilkar countered, expressing their devastation.

The dispute sees West’s lawyers challenging Ahmed and Gilkar’s dedication to the child’s medical needs. Following the hearing, there was silence from both parties, though West’s appeal to the Supreme Court indicates she lost her appeal for the child’s conservatorship in Texas. The Texas court credited a California ruling on September 2.

Marla Neufeld, a lawyer specializing in surrogacy cases but uninvolved here, noted that the Supreme Court often avoids family disputes, making an appeal unlikely.

West’s lawyers describe significant implications of the lower court rulings, indicating her exclusion from Texas proceedings and lack of control over the child’s treatment due to the California decision.

West suspects Ahmed and Gilkar aim to move the child to hospice care in California instead of choosing surgery, with the potential to save his life.

Hypoplastic left heart syndrome can be fatal within weeks. Although surgeries offer management, they are not cures, and further operations or heart transplants may be necessary, according to the CDC.

The Cleveland Clinic highlights the need for additional surgeries at 4 to 6 months and again between 18 months and 4 years. Ahmed and Gilkar’s commitment to deny updates to West about the child’s status further complicates the dilemma.