Baby in Surrogacy Fight Critically Ill After Surgery

A newborn, identified as Gabriel to the surrogate and Rumi to his biological parents, is critically ill after undergoing surgery for hypoplastic left heart syndrome. The baby was diagnosed with the serious congenital heart defect before birth.

The surrogate, McKenna West, traveled to Texas during her pregnancy after biological parents Nausheen Gilkar and Omar Ahmed reportedly wanted her to terminate the pregnancy following the diagnosis. West refused and sought legal protection for the child.

The infant underwent a Norwood procedure, a complex open-heart operation, in Texas, after which his condition significantly declined. Court documents state the baby is in critical condition and required reintubation, though specific complications are not detailed.

The medical situation is intertwined with a legal custody dispute. Texas Attorney General Ken Paxton intervened, and court orders have been issued regarding care and custody. The biological parents are seeking to delay a hearing due to the baby's critical state.

Surrogacy agreements can include clauses for fetal abnormalities, but legal experts note that intended parents cannot typically force a surrogate to terminate a pregnancy. Texas law requires voluntary consent for abortions, with limited exceptions. Refusal of an abortion by a surrogate could lead to contractual disputes.