US couple argues with surrogate over sick newborn's fate in Texas court

A heated legal battle is unfolding in a Texas court as a California couple confronts their surrogate over the fate of their newborn son, who has a life-threatening heart defect. The biological mother, Nausheen Gilkar, testified that their surrogate, McKenna West, is "unstable" and "trying to take him from us," referring to the baby as their child, Rumi.

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He’s our child.

Lawyers for West, a nurse, stated she is seeking sole conservatorship to make medical decisions for the child, whom she has named Gabriel. The dispute centers on West's refusal to comply with the couple's request to terminate the pregnancy after learning of the fetus's condition at 20 weeks. This decision has placed the case at the intersection of surrogacy, abortion, and parental rights.

Pro-life groups have supported West's pursuit of medical treatment for the severely ill newborn, and Republican legislators have expedited court proceedings to ensure the baby remains in Texas for care. West, who is from Alaska, moved to Texas after the couple asked her to terminate the pregnancy. She stated in a previous interview that she was against abortion and felt confident termination would not be the couple's first choice, despite the surrogacy agreement allowing for it.

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She’s trying to take him from us.

West told the court she was 23 weeks pregnant when she scheduled an abortion at the couple's request but ultimately felt uncomfortable proceeding. Plans were then made to deliver the baby in California. However, the conflict escalated, with the biological parents arguing that West breached their contract by not terminating the pregnancy and that a California court determined she has no custody rights.

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unstable