California couple who demanded surrogate abortion take custody of newborn baby

A California couple who previously demanded that their surrogate mother terminate her pregnancy after a prenatal health diagnosis have taken custody of the newborn boy less than a day after his birth in Texas, according to reporting by Anglican Mainstream. The case involves surrogate McKenna West, an Alaskan nurse and single mother of two, and intended parents Nausheen Gilkar and Omar Ahmed of Los Angeles.

The controversy began when the unborn child was diagnosed at around twenty weeks with hypoplastic left heart syndrome, a rare medical condition that is severe but treatable with a series of surgeries beginning in the earliest weeks of life. According to Texas Attorney General Ken Paxton, who intervened in the matter, the surrogacy agreement contained a specific clause allowing the biological parents to request an abortion if an anomaly was discovered. Gilkar and Ahmed invoked this provision upon learning of the diagnosis.

Court documents reviewed by the Texas Tribune and detailed by The New York Post indicate that while the biological parents claimed West initially agreed to the termination before changing her mind, West accused the couple of attempting to force her to undergo an abortion. Gilkar and Ahmed denied those pressure allegations. Meanwhile, West's attorney, Lincoln Wilson, alleged that an attorney negotiating the surrogacy agreement warned West she could face a heavy fine if she refused the termination, an interaction Wilson described as evidence of intense pressure.

Refusing to terminate the pregnancy, West traveled to Texas before giving birth in an effort to be legally recognized as the birth mother under state law. She named the infant Gabriel. However, court documents noted by the Tribune stated that the parents ultimately decided to see the pregnancy through and intended to name the boy Rumi and have him delivered in California for lifelong treatment.

Despite a California court already ruling that Gilkar and Ahmed are the legal parents, and reproductive law attorney Marla Neufeld previously noting that a surrogate has virtually no legal claim to the child, the situation has escalated into profound financial and legal distress for the surrogate. West's legal team has pledged to continue fighting for custody, with Wilson indicating they are prepared to take the battle to the Supreme Court.

Financial fallout and legal disputes

Beyond the custody dispute, West claims she is hemorrhaging money after being allegedly cut off by the biological parents. Wilson stated that Gilkar and Ahmed have not provided any funds since demanding the abortion, alleging the intended parents asked if they could pay only half for the subsequent month since the child was supposedly going to be terminated.

To stay afloat during her time away from home, a friend named Ellen created a GiveSendGo fundraiser to help cover travel and living expenses while West wages her legal fight. The campaign surpassed a significant financial milestone by Friday. West, who originally entered the surrogacy arrangement to earn extra income for her family while keeping time for her children, now faces the exhaustion of her paid time off from her Anchorage nursing job and potential financial ruin from the collapsing agreement.

Wilson disputed the timeline and version of events, asserting that the intended parents sought to enforce contract provisions while withholding payments required to complete the agreement. West is also seeking to recover financial losses stemming from the dispute, which her legal representation states amount to substantial sums following her relocation and time away from work.

What to watch next

• Future legal filings and potential appeals by West’s attorney, Lincoln Wilson, as they weigh taking the custody battle toward higher judicial levels.
• Further official statements or legal maneuvers from Texas Attorney General Ken Paxton, who previously intervened in the interstate dispute.