A Texas court heard arguments the week of August 24, 2026, in a custody dispute between a California couple and their surrogate over an infant born with a serious heart condition. The biological parents, Nausheen Gilkar and Omar Ahmed, are seeking to maintain their parental rights, while the surrogate, McKenna West, is petitioning to gain custody of the child.
The dispute began during the pregnancy when the fetus was diagnosed with hypoplastic left heart syndrome (HLHS). According to the parents, West initially agreed to their request for an abortion but later changed her mind and cut off contact. West, a nurse from Alaska, testified that she subsequently relocated to Texas with the assistance of an anti-abortion group that is covering her legal fees.
During a court hearing, West's attorneys argued that the biological parents should not be permitted to make medical decisions for the child because they had previously sought a termination of the pregnancy. Gilkar and Ahmed testified that they had undergone eight rounds of in vitro fertilization (IVF) and a hysterectomy in their efforts to conceive, stating they intend to do whatever they can to keep the child alive. The baby has already undergone surgery in Texas.
A California court previously ruled in June 2026 that Gilkar and Ahmed are the legal parents, but the current proceedings in Texas involve a petition by West to gain custody. The Texas Attorney General's office is also involved in the case.
The case has drawn the attention of groups seeking to enact new restrictions on fertility treatments. According to Shefali Luthra of The 19th News, some advocates hope the case will help provide ammunition to get a ban on surrogacy enacted in Texas as early as next year. Luthra noted that the arguments used in this case, such as concerns regarding the "naturalness" of conception, could eventually be applied to other reproductive technologies like IVF. The Texas court has not yet issued a final ruling on the custody petition.