Judge delays custody decision in surrogacy fight over newborn with heart defect

A Dallas judge has delayed a custody decision, extending a temporary restraining order another two weeks as the legal fight over custody of a baby with a rare heart defect born to a surrogate continues.

The hearing on Tuesday gave the public its clearest look yet at the growing, high-profile fight over surrogacy and abortion. Anti-abortion groups and Republican officials have rallied behind McKenna West, a nurse who flew from Alaska to Texas to give birth on Aug. 12, in a state with a near-total abortion ban. 

Parents say baby is wanted and loved

The baby’s parents, Nausheen Gilkar and Omar Ahmed, say the baby boy is loved and wanted by them — and any other claim is false.

The surrogate, McKenna West, gave birth to the child in Dallas two weeks ago, purposely relocating to Texas, she said, to stop a requested abortion.

West, who is from Alaska, was about 20 weeks pregnant when the baby was diagnosed with hypoplastic left heart syndrome, a rare and serious congenital condition where the left side of the heart is underdeveloped, Texas Attorney General Ken Paxton’s office said. 

Paxton’s office had intervened in the case and secured a court order requiring that medical care be provided to the newborn. The court also issued a restraining order that says Ahmed and Gilkar, not West, are responsible for medical decisions for the baby.

Children with hypoplastic left heart syndrome typically need three surgeries, the first within two weeks of birth, according to the Cleveland Clinic. The baby underwent the first in a series of surgeries, a lawyer representing Gilkar and Ahmed said last week.

The second surgery is usually performed at 4 to 6 months, and the third between 18 months and 5 years old. The heart condition is rare and complex, the Cleveland Clinic says, and can cause lifelong complications.   

Emotional court testimony

Tuesday’s court hearing included emotional testimony from Gilkar, who said she and her husband are taking every medical step possible to save the baby.

During testimony, Gilkar said that surrogacy was not her first choice, but her only option.

“We went through an agency and they matched us with McKenna about a year ago,” Gilkar said in court.

She also testified that West never told her or Ahmed that she was traveling to Texas and withdrew access to their child’s medical records. She described West as “mentally unstable.” 

“She’s not right. Making us run from doctor to doctor,” Gilkar said.  

West admitted in court to withholding medical records.

Gilkar also testified that the baby is “the most beautiful person I have ever seen. He’s the love of our lives. He’s suffering a lot.”

Gilkar confirmed that she and her husband requested to terminate the surrogate pregnancy back in May. West said on Tuesday that she wanted custody of the child but is now open to the idea of dropping any custody claims — if the couple agrees to the baby’s lifesaving care.

“Denying lifesaving care is not true,” Gilkar said in court. “We are devastated … We’ve never wanted anything more than those babies.”  

Meanwhile, the baby, less than 2 weeks old, remains in critical care. Gilkar told the court that the baby had no blood flow to the left side of his heart, and since surgery, he has gasped for air, choked on tubes and needed a blood transfusion.