POLISCOPE
Back to feed
NewsWPLG Local 10 – Main FeedAugust 25, 2026Miami-Dade

Texas court hears custody dispute between California couple and surrogate over newborn with heart defect

A California couple and their surrogate are in a legal battle over the custody and medical decision-making rights for a newborn diagnosed with a life-threatening heart condition. The surrogate is seeking sole conservatorship, citing the couple's previous request for an abortion, while the couple maintains their parental rights under their surrogacy contract.

surrogacycustody disputeabortionmedical ethicsfamily law
Read the full story at WPLG Local 10 – Main Feed

Why It Matters

The case highlights the legal complexities of interstate agreements and the lack of federal regulation, impacting how parental rights and medical decision-making are determined when disputes arise.

Key Facts

  • The newborn has hypoplastic left heart syndrome, a condition affecting fewer than 1,000 newborns annually.
  • The surrogate, McKenna West, gave birth to the child in Texas on August 12.
  • The intended parents, Nausheen Gilkar and Omar Ahmed, previously requested the surrogate terminate the pregnancy following the medical diagnosis.
  • The court is currently maintaining a restraining order that prevents the surrogate from seeing or holding the child.
  • The surrogate is seeking sole conservatorship to make medical decisions for the child.
  • The surrogate stated she would drop custody claims if the court finds the couple is committed to the child's life-saving surgeries.
  • The couple claims the surrogate violated their surrogacy contract signed in August 2025.
  • A California court previously determined the surrogate has no legal or physical custody rights.

Who's Mentioned

personNausheen Gilkar“Intended parent seeking custody”personMcKenna West“Surrogate seeking conservatorship”personOmar Ahmed“Intended parent seeking custody”locationDallas“Location of the court hearing”locationTexas“Jurisdiction where the birth occurred and case is being heard”organizationCenters for Disease Control and Prevention“Source of medical statistics”