A Dallas judge has extended a temporary restraining order preventing an Alaska surrogate from seeing or making medical decisions for a critically ill newborn as a legal battle over the child’s parentage continues.
Dallas County District Judge Ashley Wysocki heard testimony on Tuesday from surrogate McKenna West and the baby’s genetic mother, Nausheen Gilkar. The judge extended the order for another 14 days while she considers who should have parental and medical decision-making authority.
The dispute centers on the child, whom Gilkar and her husband, Omar Ahmed, call Rumi Ali Ahmed. West and her attorneys refer to him as Baby Gabriel.
The newborn was diagnosed before birth with hypoplastic left heart syndrome, a serious congenital heart defect in which the left side of the heart is underdeveloped. The condition can be fatal without treatment and generally requires multiple surgeries.
Newborn’s Condition Worsens After Surgery
Gilkar testified that Rumi remains in critical condition after undergoing the Norwood procedure, an open-heart surgery used to treat the defect.
She said the baby has struggled to breathe, choked on tubes, and required a blood transfusion. Court filings from the couple’s attorneys said his condition declined significantly after the procedure and that he required re-intubation.
Gilkar became emotional while describing her son in court.
“He’s our child,” she said, per Associated Press. She also described him as “the most beautiful person I’ve ever seen. He’s the love of our lives.”
She also accused West of trying to take the baby away from her and her husband. West disputes the couple’s characterization of her actions and says she is seeking custody to ensure the child continues receiving life-saving treatment.
Surrogate Says She Refused Abortion
West testified that Gilkar and Ahmed asked her to terminate the pregnancy after the baby was diagnosed with the heart defect at about 20 weeks.
West said she scheduled abortion appointments in Seattle and California but canceled them because she was uncomfortable ending the pregnancy.
“I knew that this baby, despite the diagnosis, had a great chance at survival and a great chance at living a long, meaningful life,” West testified, according to KERA News.
Gilkar acknowledged in court that she and Ahmed requested the abortion and said she does not regret making that decision. However, she denied that the couple intended to withhold medical treatment from the baby after birth.
Gilkar testified that she and Ahmed agreed to the Norwood procedure after doctors determined the child was a candidate for surgery. She also said they intend to pursue additional procedures if medically appropriate.
West nevertheless said she does not trust the couple to continue pursuing treatment because Gilkar still does not regret requesting the abortion.
West had previously indicated that a commitment from the couple to provide life-saving care could resolve her custody concerns. During Tuesday’s hearing, however, she continued to seek custody.
Surrogacy Agreement at Center of Dispute
Gilkar and Ahmed entered into a surrogacy agreement with West in August 2025 after going through multiple rounds of IVF. Gilkar testified that she ultimately underwent a hysterectomy, leaving surrogacy as her only option to have a genetically related child.
The agreement included a provision stating that West would terminate the pregnancy if a fetal abnormality were detected and the intended parents requested an abortion.
West ultimately declined to follow through with the request after the heart defect was diagnosed.
The couple has accused West of violating the agreement, while West’s attorneys argue that she has parental rights because she gave birth to the child in Texas.
A California court previously ruled that Gilkar and Ahmed are the child’s legal parents. West’s attorneys have challenged whether that ruling should control the parentage dispute in Texas.
Battle Spans Multiple States
The case involves laws and court proceedings in California, Texas and Alaska, adding complexity to the dispute over parental rights.
West moved to Texas during her pregnancy and gave birth to the baby in Dallas on August 12. She has said she came to Texas in part because she believed the state offered access to medical care capable of treating the newborn’s heart condition.
Texas Attorney General Ken Paxton previously obtained an emergency order requiring medically necessary care for the child. His office later withdrew from the case after the baby underwent surgery.
West is represented in the custody fight by attorneys affiliated with Alliance Defending Freedom, a right-leaning Christian legal organization. An anti-abortion organization, Live Action, also assisted West with travel expenses, according to reporting cited in the court coverage.
The dispute has attracted national attention because it intersects with questions surrounding abortion, surrogacy agreements and parental rights.
Judge Leaves Temporary Order in Place
For now, West remains barred from seeing, holding, transporting or making medical decisions for the baby.
The judge did not make a final ruling on custody or conservatorship on Tuesday. The temporary restraining order will remain in place for another 14 days while Wysocki considers the competing legal arguments.
The court-appointed attorney representing the child has emphasized that the case should be decided based on the newborn’s best interests and criticized the public attention surrounding the dispute.
The central question before the court remains who has the legal authority to make decisions for the critically ill child: his genetic parents, who say they are committed to his medical treatment, or the surrogate who carried and gave birth to him and says she is fighting to protect his life.
Provided by Dallas Express
