Surrogate seeks sole conservatorship to make medical decisions

A California couple in a surrogacy custody dispute told a Texas court Tuesday that the life-threatening heart defect in their newborn child has worsened and that they are anguished by attempts to deny them parental rights because they previously wanted an abortion.

In a Dallas courtroom, Nausheen Gilkar took the witness stand and wiped away tears. “He’s our child,” Gilkar said. Turning to her surrogate, McKenna West, who was sitting across from her, Gilkar added: “She’s unstable. She’s trying to take him from us.”

Gilkar and her husband, Omar Ahmed, are the intended parents. West is a nurse from Alaska who flew to Texas to have the baby on Aug. 12, in a state where most abortions are banned. Attorneys for West said she is seeking sole conservatorship to make medical decisions for the child.

The hearing marked the fullest public airing to date of the dispute. The couple had previously wanted an abortion, and right-to-life groups and Republican officeholders have aligned with West.

The couple told the court the child’s heart condition has worsened. West’s attorneys argue she should make the medical decisions.

The couple named the child Rumi; West has called the child Gabriel.