OAN Staff Brooke Mallory
6:50 PM – Thursday, August 13, 2026
A surrogate carrying a baby for a California couple gave birth in Texas after relocating to the state amid an escalating legal dispute over treating a critical congenital heart defect.
The delivery came just one day after a Dallas judge issued an emergency order directing hospital staff to provide life-sustaining medical care to the newborn upon birth.
The dispute centers on McKenna West, the surrogate mother, and the intended parents, Omar Ahmed and Nausheen Gilkar of California.
Around the 20th week of pregnancy, routine fetal imaging revealed that the fetus had hypoplastic left heart syndrome — a rare and severe congenital condition in which the left side of the heart fails to develop properly, severely restricting blood circulation throughout the body.
West, who is from Alaska, was about 20 weeks pregnant when the baby was diagnosed, according to CBS News.
“It was scary to think that something might be wrong, and that I may be the one that’s not able to make a decision about the treatment,” West said in an interview with Live Action, an anti-abortion rights organization.
Following the diagnosis, West accused the couple of pressuring her to terminate the pregnancy. She subsequently fled to Texas to ensure the pregnancy continued to term.
The legal conflict intensified when Republican Texas Attorney General Ken Paxton intervened on West’s behalf, prompting the Dallas court to mandate immediate stabilizing care and life-saving intervention for the infant.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said on Tuesday. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
Governor Greg Abbott (R-Texas) also chimed in to remind the public that the state’s “laws protect every child born in Texas and guarantee their right to life. The Department of Family and Protective Services holds authority under Texas law to protect children from medical neglect. DFPS will be closely monitoring this case and will take any action necessary to safeguard those rights.”
The newborn is currently receiving stabilizing treatment at a Texas pediatric care facility and is being evaluated for complex multi-stage open-heart surgery.
However, the intended parents strongly contest West’s account of events.
In court filings, Ahmed and Gilkar denied having any intention to withhold treatment or abandon their child once born, clarifying that their inquiries were focused on obtaining clear medical prognoses regarding the child’s quality of life.
Lee Budner, an attorney representing the couple, further accused West and Texas officials of converting a deeply personal medical tragedy into “political theater.” Budner added that his clients’ sole focus is ensuring their child receives vital medical care while maintaining their legal rights as parents to remain by their son’s side.
“Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would,” Budner’s statement 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.”
A California court previously ruled that West holds no legal or physical custody rights to the child under the terms of the signed surrogacy agreement.
Consequently, following the birth in Texas, the intended parents secured a temporary restraining order restricting West from holding or visiting the infant, even as Texas courts continue to oversee orders regarding the child’s emergency medical treatment.
What Happens Next
Following the birth in Texas, the focus shifts to critical medical interventions and interstate legal proceedings. Medically, pediatric heart specialists are evaluating the infant, who suffers from hypoplastic left heart syndrome, to prepare for a necessary series of open-heart procedures, beginning with a vital first-stage corrective surgery in the coming days.
Under the Dallas County judge’s ruling, hospital staff must provide all life-sustaining care and keep the infant at the local medical center in Texas, while a court-appointed guardian ad litem oversees compliance to ensure treatment is not withheld or delayed.
Legally, the intended parents hold physical custody and medical decision-making authority for their son under California pre-birth orders and Texas court mandates, while West remains under temporary court orders strictly prohibiting her from contacting, holding, or making medical decisions for the child.
The ongoing jurisdiction clash will culminate in a scheduled August 25th hearing, where Texas courts will examine parentage claims, state jurisdiction over the baby’s care, and whether the intended parents can eventually transport the child to California for long-term specialized treatment once he is stable enough to travel.
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