What to know about surrogacy dispute between couple, their surrogate and Texas courts

A surrogate who gave birth in Texas to a California couple's child is embroiled in a legal battle

A newborn with a severe heart defect is at the center of a legal battle between a California couple and a surrogate who flew from Alaska to Texas to give birth in a case that has drawn the attention of anti-abortion groups and GOP leaders.

McKenna West, the surrogate, gave birth Wednesday to a boy with hypoplastic left heart syndrome, a life-threatening heart condition. West, who is a nurse, said the couple had wanted to end the pregnancy at 20 weeks, after consulting with doctors about the diagnosis.

The case quickly garnered national attention after Republican Texas Attorney General Ken Paxton intervened and a judge in Dallas ordered two hospitals to ensure they provide life-sustaining care and that the baby remain in Texas until at least a hearing in late August.

The Los Angeles-based couple, Omar Ahmed and Nausheen Gilkar, say West violated the surrogacy contract, and they obtained a restraining order that prevented West from seeing or holding the child after he was born, according to an attorney for the surrogate.

Ahmed and Gilkar were in Dallas, Texas, with the newborn as he receives medical care, according to the couple's attorney. West and her supporters have called the child Gabriel, but in court filings, the couple has called the boy Rumi.

West entered an agreement with the couple through Worldwide Surrogacy Specialists, LLC in August 2025. In court documents, the couple argues that West broke a surrogacy contract and that a California court determined she has no rights to legal or physical custody of the child.

West’s lawyers have alleged the couple spent weeks pressuring West to seek an abortion after learning of the diagnosis. With legal support from the conservative Christian organization Alliance Defending Freedom, West petitioned a Dallas court to give her custody over the child two days before she gave birth.

According to court documents in Alaska, the couple claimed West agreed with the decision to end the pregnancy after the diagnosis but then changed her mind and cut off contact.

“After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy,” a filing from the parents’ attorneys reads. “It is undisputed that West initially agreed and that she herself made the initial appointment.”

Other court documents show the couple at one point chose to have West deliver in California and their child begin lifelong treatment from there.

“West is harming Rumi by relocating to Texas, requiring him to be born in Texas, away from his parents and the specialized cardiac team in Los Angeles that will provide his lifelong care,” the court filing states.