A surrogacy agreement for California couple Omar Ahmed and Nausheen Gilkar has escalated into a custody feud after their surrogate, McKenna West, refused an abortion.
West reportedly fled to Texas, where she gave birth to the baby in August, turning the case into a multistate legal battle involving courts in California and Texas.
Now, with a custody war brewing, an expert has shared that she does not “see a world” where McKenna West “has rights to the baby” she gave birth to, stressing that she can not legally name him either.
The Worldwide Surrogacy agency facilitated the surrogacy. West, 28, from Alaska, was matched with Ahmed and Gilkar.
According to reports, the agreement initially proceeded without any major issues. However, the problem arose after the baby was diagnosed with hypoplastic left heart syndrome (HLHS) at 20 weeks.
HLHS is a congenital heart defect (CHD) that interferes with normal blood flow through the heart. The Centers for Disease Control and Prevention says surgical repairs are not a cure, and that babies with the condition require major medical intervention and may have lifelong complications.
The intended parents wanted to terminate the pregnancy after the diagnosis, while West ultimately decided to carry on. The surrogacy agreement is said to have contained a provision concerning termination in case of a fetal anomaly.
West claimed the couple was pressuring her to undergo abortion. The couple has disputed her characterization of events, saying she initially agreed to terminate the pregnancy before changing her mind.
The Nurse Relocated To Texas Before Giving Birth
As the parties involved continued to disagree, the dispute spilled across state lines. West, who lives in Alaska where the agreement was signed, reportedly traveled to Texas, where she could be recognized as the birth mother.
The Texas Attorney General became involved before the birth. According to The Associated Press, the Attorney General intervened in support of West, and a judge subsequently gave the order to give the child the necessary medical care.
West eventually gave birth on August 12, referring to the child as Gabriel. The biological parents, on the other hand, have named him Rumi.
California Court Gave The Biological Parents Custody Of The Newborn
McKenna is a surrogate carrying a baby boy for a couple in California.
They demanded she abort when they found out he would need surgery when he is born, but she refused.
Now, she’s speaking out on the @MegynKellyShow with @MegynKelly and @LilaGraceRose. pic.twitter.com/58QKZW0IiD
— Live Action (@LiveAction) August 6, 2026
After birth, the dispute shifted toward custody and parental rights. According to the New York Post, a California court had already ruled in favor of Gilkar and Ahmed, making them the baby’s legal parents; the newborn was transferred to their care.
The surrogate challenged the decision because Texas law recognizes anyone who gives birth in the state as the legal mother.
According to a report by The Texas Tribune, West’s attorney stated that the nurse is “lawfully the parent because she gave birth to this child that she carries in Texas, then she should control custody as well.”
The parents’ lawyers, on the other hand, continue to argue that West is not the child’s biological parent and that the surrogacy agreement established their parental rights.
Expert Weighs In On The Controversial Surrogacy Case: ‘She Has No Legal Right To Name The Baby’
On the question of custody, Marla Neufeld, an attorney and reproductive lawyer based in Florida and the host of “The Surrogacy Space” podcast, said to the New York Post, “I don’t see any reason why these biological parents wouldn’t still be the legal parents of this child.”
She further explained that most surrogacy agreements include a “parentage order” that legally establishes the baby’s biological parents, regardless of where the surrogate gives birth.
“I don’t see a world where [West] has rights to the baby,” the expert continued. “She is not the biological parent … and under the states that are at play — between Alaska, California and Texas – I’m not aware of anything in their surrogacy provisions that would give her access to the child.”
Branding the case an “anomaly,” Neufeld noted that West is “taking a position that is just so unfounded.”
She added, “I don’t know if she bonded with the child in a way that created this type of issue, but she has no legal right to name the baby.”
The Biological Parents’ Attorney Says They Are ‘Devastated’ By The
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
Lawyers on both sides of the case have publicly spoken in defense of their client. Most recently, Lee Budner, legal counsel for the biological parents, revealed that they were left “devastated” by the political attention surrounding the child’s birth.
In a statement to TMZ, Budner said, “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.”
He stressed that the couple’s focus is entirely on ensuring the baby receives the medical care he needs and spending a lot of time with him.
