Baby in surrogate dispute now in custody of parents, lawyer says

The infant at the heart of a contentious surrogacy dispute is now in the physical custody of his parents, who are California residents, and is receiving specialized medical treatment. The baby, born with hypoplastic left heart syndrome, a severe heart defect requiring immediate surgeries, is under the care of a tertiary medical center.

“

Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.

His parents, Nausheen Gilkar and Omar Ahmed, had requested the surrogate, McKenna West of Alaska, undergo an abortion upon learning of the diagnosis months prior. West refused and traveled to Texas before the birth. Texas Attorney General Ken Paxton intervened, securing a court order mandating lifesaving care for the baby after birth and affirming the parents' responsibility for medical decisions.

“

Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts.

"Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center," stated Lee Budner, the attorney for Gilkar and Ahmed. "Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts." Budner added that his clients are focused on their son's health and are devastated by what they perceive as their family tragedy being turned into "political theater."

“

As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General's office and McKenna West.

West's attorney, Lincoln Davis Wilson, indicated plans to challenge the court's parentage orders, arguing that Texas law designates the birth mother as the child's mother. West was barred from contact with the child post-birth due to court orders. Wilson stated that, aside from the known heart condition, the baby, whom he referred to as Gabriel, showed positive signs and was receiving care at a facility with a strong success rate for the necessary surgeries.

“

Our clients' only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with their beautiful newborn son.