The infant at the center of a highly controversial surrogacy dispute involving surrogate McKenna West and Biological Parents Nausheen Gilkar and Omar Ahmed is in critical condition after heart surgery.
The baby, born in Dallas on August 12, was diagnosed prenatally with Hypoplastic Left Heart Syndrome (HLHS), a severe congenital heart defect that affects 1 in 3,846 babies born in the US.
As the newborn fights for his life, a legal battle between McKenna West and the biological parents for custody and rights to make medical decisions for the baby continues.
What do you think about surrogate mom McKenna West fighting to save baby Gabriel from abortion? pic.twitter.com/2G90FdKvvr
— LifeNews.com (@LifeNewsHQ) August 11, 2026
Baby Rumi, as his biological parents identify him, has been hospitalized following his controversial birth.
He was previously reported to have undergone the first of three lifesaving surgeries required for babies suffering from HLHS, the Norwood procedure.
Rumi’s condition deteriorated following the procedure, with him reportedly in critical condition. Court documents obtained by TMZ detail that the boy’s health had declined days after the surgery.
According to Nausheen and Omar, “Serious medical developments have arisen that impact the health and safety of the child. The child is in critical condition and being closely monitored at the hospital.”
The infant, per the parents, is also said to be “suffering from potential complications from the Norwood, and last night, the child’s condition declined significantly, requiring re-intubation.”
Consequently, the parents are reported to have requested the court to delay an upcoming hearing in their legal battle with West.
The medical crisis involving the baby is a major part of the dispute because West decided to forego the parents’ wishes to terminate the pregnancy following their discovery of the fetal abnormality.
Unsurprisingly, the latest development has divided the internet, with many backing the biological parents and slamming West for insisting on birthing the child, knowing how much he would struggle to survive.
One comment on X read, “So he is exactly as his parents said he would be, suffering and very ill. What was the need to give birth to this child?”
Several commentators have, however, defended the nurse’s position, with some pointing specifically to the medical risks that a second-trimester abortion procedure can carry.
The Dispute Began After The Heart Defect Was Discovered
🚨 WATCH: Megyn is joined by McKenna West, who is currently pregnant as a surrogate and is involved in a lawsuit with the parents after they demanded she abort the unborn child due to a heart defect:
“I knew in my soul and heart I wanted to protect this little boy.” pic.twitter.com/zBTiXSCOu0
— The Megyn Kelly Show (@MegynKellyShow) August 7, 2026
The surrogate, West, entered into a gestational agreement with Nausheen and Omar and was carrying the baby for them when the abnormality was diagnosed.
After consultations with medical professionals and their own research, the couple ultimately decided it would be best to terminate the pregnancy and request that she undergo an abortion, a request reportedly allowed by a clause in their contract.
West decided to continue the pregnancy, reportedly fleeing to Texas where she could ensure the baby, whom she identifies as Gabriel, could be brought to term.
According to The Guardian, court filings by the parents stated, “It is undisputed that West initially agreed and that she herself made the initial appointment. She then unilaterally changed her mind, cut off all contact… and withdrew medical releases”
However, the couple was later granted custody of the newborn. West was put under a temporary restraining order to prevent her from interfering with medical decisions Nausheen and Omar made for the baby.
Legal Battle Over Parental Rights
The legal battle revolves around who has the right to make important medical decisions for the critically ill baby.
While the biological parents currently hold the rights, West has challenged them, claiming that she is the presumed mother under Texas law.
According to Globe Magazine, West has alleged in court documents that the temporary restraining order is a “Trojan horse using McKenna’s desire to save the child’s life as a ruse so that the [Gilkar and Ahmed] can deprive McKenna of her inherent parental rights to make imminent medical decisions.”
Nausheen and Omar filed a countersuit seeking over $100,000 in damages, citing breach of contract.
As previously mentioned, the surrogacy contract had a clause that allowed the intended parents to request an abortion should there be a fetal anomaly.
The couple’s attorney, Lee Budner, stated to NBC News that West’s claims were “baseless” and “in violation of multiple court orders out of both Alaska and California.”
The Surrogacy Case Draws Nationwide Attention
A surrogate mother defied the biological parents’ order to abort a baby diagnosed with a severe heart defect.
The woman, McKenna West, has now given birth to the baby, Gabriel.@Kerri_Kupec says baby Gabriel is in a Texas NICU, where doctors could soon perform potentially… pic.twitter.com/wFyGkXByRH
— Fox News (@FoxNews) August 13, 2026
The case has gotten significant interest, and anti-abortion proponents have rallied to the side of the surrogate.
Texas Attorney General Ken Paxton’s office reportedly intervened, securing a court order to support West in getting necessary treatment for the child.
Also, Live Action, an anti-abortion group, is said to have paid for West and her two children to fly to Texas to seek medical care.
Surrogacy experts warn that the case could have unintended consequences. Christine Andresen, an attorney specializing in surrogacy law, asked in a report by The Texas Tribune, “How much power do we give the state over our private families?”
Experts Reveal Rights Of Parents Who Seek Children Via Surrogacy Are Under Threat Due To The Case
Experts say the case threatens the parental rights of people who seek to have a child through surrogacy and may discourage the practice in Texas.
West, meanwhile, has maintained that she is not attempting to take away anyone’s child and that her goal is to ensure the baby receives life-saving treatment.
She told the New York Post, “I have asked for only one thing from the very beginning: A commitment that this baby will be provided the life-saving treatment he needs. That is all it would take to end this.”
