Nationwide — McKenna West, an African American surrogate mother, remains at the center of a custody fight as the newborn she carried remains in critical condition after complex heart surgery. The baby was placed back on a breathing tube after his condition worsened. West, who is a cardiac nurse in Alaska, gave birth to the baby in Texas on August 12. She calls him Gabriel, while his biological parents, Nausheen Gilkar and Omar Ahmed, call him “Rumi.” The couple is now asking a court to delay a hearing over custody while their son remains hospitalized and under close medical supervision, according to Fox News.
Court documents filed by Gilkar and Ahmed say the newborn recently underwent the Norwood Procedure, a complex open-heart operation used to treat certain serious heart defects. They said his condition declined significantly afterward and that doctors had to re-intubate him. The parents also reported possible complications from the surgery and said the newborn remains in critical condition.
The baby’s heart condition was discovered when West was about 20 weeks pregnant. Doctors diagnosed him with hypoplastic left heart syndrome, or HLHS, a birth defect in which the left side of the heart does not develop properly. The condition can severely affect blood flow and can become fatal without treatment. West has said Gilkar and Ahmed asked her to terminate the pregnancy after receiving the diagnosis, but she refused and later traveled to Texas for the birth.
The medical crisis has intensified the fight over who should make decisions for the newborn. Gilkar and Ahmed previously obtained a temporary restraining order that gave them custody while the case continues. West is asking a Texas judge for sole conservatorship, which would give her control over the baby’s medical decisions. Her lawyers have argued that the priority should be ensuring the child continues receiving life-saving treatment.
Gilkar told the court that she and Ahmed have remained at their son’s bedside as he undergoes treatment. She said he has struggled to breathe, choked on tubes and required a blood transfusion after surgery. “He’s our child,” Gilkar said in court, while also accusing West of trying to take him away. The couple has separately filed counterclaims seeking more than $100,000, alleging that West violated their surrogacy agreement and caused them emotional distress. West has denied wrongdoing. The judge has kept the order preventing West from seeing or holding the baby in place while the larger custody dispute continues.