An Alaska surrogate seeking sole custody of the child she gave birth to will still no longer be able to see, hold, transport or make medical decisions for the child after a hearing Tuesday.
Dallas County District Judge Ashley Wysocki extended a temporary restraining order establishing those terms for 14 additional days pending a ruling on who has parental rights over the child 鈥� the surrogate or his genetic parents.
McKenna West is asking Wysocki for sole managing conservatorship of the child after his genetic parents, Nausheen Gilkar and Omar Ahmed, asked her to terminate the pregnancy upon learning the child had a rare congenital heart condition.
West and Gilkar testified during Tuesday's hearing. West said she would not end her pursuit of custody over the baby 鈥� even if his parents committed to pursuing the necessary care for him 鈥� because she does not trust they will continue attempts to save his life. That's despite writing in a New York Post last week that a commitment to providing life-saving care for the child was "all it would take to end this."
鈥淚 knew that this baby, despite the diagnosis, had a great chance at survival and a great chance at living a long, meaningful life,鈥� West said.
Speaking publicly for the first time, Gilkar, 43, said she and her husband would pursue the additional surgeries needed to stabilize the child's health and denied refusing medical care for him.
鈥淲e鈥檝e never wanted anything more than this baby,鈥� Gilkar testified.
The baby, whose legal name is Rumi Ali Ahmed 鈥� but whom West and her attorneys call Baby Gabriel 鈥� has been in critical condition since he was born. According to Gilkar and Ahmed鈥檚 latest filing in the case, the child is suffering potential complications from the open heart surgery he received days after his birth.
His condition has 鈥渄eclined significantly,鈥� requiring re-intubation, the latest filing says. The court-appointed attorney for the child said in court the child will be in critical care for at least next 30 days.
What did the surrogacy contract say?
Los Angeles couple Ahmed and Gilkar entered a surrogacy agreement with West 鈥� a nurse then living in Anchorage, Alaska 鈥� on Aug. 29, 2025. West agreed to give birth in her home state as part of the contract.
West also agreed to get an abortion in the case of a fetal abnormality if the intended parents requested she terminate the pregnancy, according to the surrogacy agreement, which was included in Dallas County court documents.
If West violated this part of the contract, Gilkar and Ahmed would no longer pay her for carrying the baby, West would have to pay them back, and she鈥檇 be liable for additional monetary damages.
鈥淭he Gestational Carrier agrees that she has carefully considered the issue of termination of the pregnancy, has discussed it with the psychologist in her psychological evaluation, and she is clear and knowing in her intention to abide by the request of the Intended Parents concerning the termination of the pregnancy,鈥� the agreement states.
Texas law almost all abortions except when there are serious health or life risks to the patient. But in most cases, the surrogate mother is allowed to make her own choice about whether to terminate the pregnancy 鈥� she鈥檇 just have to face any potential financial consequences as a result of breaking the surrogacy contract, said Christine Andresen, a family attorney in Austin.
Despite existing concerns about the ethics of an abortion clause in a surrogacy agreement, Andresen warned against dictating what terms people should or shouldn鈥檛 include in those contracts.
鈥淎dults get to make legal contracts, and if they want to put their body at some small risk to have a surrogacy, to carry a surrogacy, a compensated surrogacy, I think we should let women do that,鈥� Andresen said.
During West鈥檚 20-week fetal scan April 17, 2026, the unborn boy was diagnosed with hypoplastic left heart syndrome, or HLHS, according to court records. The condition occurs when the left side of the heart doesn鈥檛 form correctly during pregnancy and affects normal blood flow through the heart, according to the . HLHS requires surgery soon after birth.
West testified the husband and wife asked her to have an abortion upon learning about the child鈥檚 heart defect, which Gilkar confirmed.
In the New York Post , West said the couple鈥檚 lawyer and her own former lawyer threatened her with six-figure penalties if she didn鈥檛 terminate the pregnancy.
A California court in June issued an order stating Gilkar and Ahmed are the child鈥檚 legal parents, not West, and West cannot make decisions on the child鈥檚 behalf.
On July 29, about 34 weeks into her pregnancy, West鈥檚 attorneys told Gilkar and Ahmed she had relocated to Dallas to deliver the baby. West moved with her own two children to Texas so the baby could receive the Norwood procedure, an open heart surgery needed to treat his condition.
Gilkar and Ahmed deny they ever refused surgery for the child. They would determine the right course of treatment depending on the child鈥檚 condition after his birth and doctors鈥� evaluation of him, Ahmed wrote in a Dallas County district court filing Aug. 10.
鈥淥ur worst fear, which has been validated by her filing today,鈥� Ahmed wrote, 鈥渋s that she may try to keep our child from us after she gives birth to him.鈥�
Gilkar testified she and her husband made the decision to terminate the pregnancy, and she did not regret that decision. West initially agreed to the abortion and made at least two appointments to get one in Seattle and California, respectively, before canceling both because she was uncomfortable going through with the procedure, West said.
While West said Gilkar and Ahmed pressured her into having an abortion, Gilkar testified it was West who cut off communication after agreeing to terminate the pregnancy and withheld their son's medical records. Ahmed and Gilkar had already turned their attention to getting the baby treated in California by the time West moved to Texas, Gilkar said.
"She has no right," Gilkar said. "She's unstable. She's making us run from doctor to doctor, state to state."
Why did Texas get involved?
Texas Attorney General Ken Paxton intervened in the case after it began in Dallas court. He a judge to issue an emergency order requiring medical professionals to provide the boy 鈥渟tabilizing and life-sustaining鈥� care upon his live birth. The attorney general argued the unborn child鈥檚 parents did not have the right to stand in the way of their child receiving life-saving treatment.
鈥淏aby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,鈥� Paxton wrote in a press release. 鈥淢y office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.鈥�
That same day, Paxton also wrote a directing UT Southwestern Medical Center and Children鈥檚 Medical Center of Dallas to provide the necessary procedures to the baby upon his live birth. The court granted Paxton鈥檚 order.
The state鈥檚 involvement in the newborn鈥檚 medical care before its birth complicates medical professionals鈥� jobs, said Arthur Caplan, the professor emeritus of bioethics at the New York University School of Medicine.
鈥淚t borders on danger for any patient,鈥� Caplan previously told 四虎影院. 鈥淲hen the attorney general steps in and says, 鈥榯his is the care that you're gonna get,鈥� it's almost overriding what the doctors may think.鈥�
Paxton 鈥� the Republican currently running for one of Texas鈥� U.S. Senate seats 鈥� isn鈥檛 the only anti-abortion advocate helping West in her case.
The anti-abortion nonprofit Live Action paid for West to travel from Texas to Alaska, the Texas Tribune . The conservative Christian legal advocacy group Alliance Defending Freedom is also West in court, she testified.
But despite West鈥檚 ties to the groups and Paxton, West denies any political motivations for her move to Texas.
West doesn鈥檛 regret bringing publicizing the case 鈥渂ecause I believe that鈥檚 why this child has received his first surgery," she said.
Paxton鈥檚 office withdrew from the case Wednesday after the baby received surgery.
Who decides the baby's future?
A Dallas County associate judge issued a temporary restraining order on Aug. 11 stating West was not allowed to make any medical decisions for the child, attempt to act as his mother or remove the child from the hospital. The order doesn鈥檛 stop West from making 鈥渄ecisions to safeguard her own health or the health of the pregnancy.鈥�
West now argues she is the presumed mother of the child under Texas law. She alleges the temporary restraining order was wrongfully issued as Gilkar and Ahmed didn鈥檛 prove they would face injury, loss or damage if the order wasn鈥檛 granted, as required by law.
鈥�(Gilkar and Ahmed鈥檚) TRO request is a trojan horse using McKenna of her inherent parental rights to make imminent medical decisions as the child鈥檚 birth mother without an evidentiary hearing,鈥� West鈥檚 attorneys said in an Aug. 14 motion.
West also argues the California judge didn鈥檛 have the authority to designate Ahmed and Gilkar as the child鈥檚 legal parents because, according to Texas law, legal parentage can only be decided after a child is born.
Texas law also states an order designating legal parents has to state the child鈥檚 name and date of birth, West argues. The California court鈥檚 order only identified the baby at the time as 鈥淯nborn Child Ahmed鈥� who was due on or about Sept. 2, 2026. West calls the child 鈥淏aby Gabriel,鈥� and his date of birth was Aug. 12, 2026.
Lastly, West argues the surrogacy agreement is invalid because the contract has to be validated in Texas in order to be enforced in Texas.
Caplan told 四虎影院 the lack of oversight and patchwork of legislation about surrogacy highlights the need for states and people seeking surrogacy to be clear about how the process should proceed 鈥� and who has the final say.
鈥淲hen people follow this case and see that these arrangements can cross state lines,鈥� Caplan said, 鈥渋t's going to be important in their contracts between a couple who wants a baby and needs to hire a woman to carry the pregnancy to specify which jurisdiction is going to have priority.鈥�
Additional reporting by 四虎影院鈥檚 Abigail Ruhman.
Toluwani Osibamowo is 四虎影院鈥檚 law and justice reporter. Got a tip? Email Toluwani at tosibamowo@kera.org.
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