August 21, 2026

Legal Battle After Surrogate Mother Refuses Abortion Request

A surrogate mother is pursuing a legal battle after refusing an abortion request for a baby with a serious heart defect. The newborn underwent heart surgery soon after birth, sparking a complex custody dispute.

Surrogate Mother’s Decision

McKenna West, a cardiac nurse from Alaska, chose not to terminate the pregnancy after the baby was diagnosed with hypoplastic left heart syndrome (HLHS). After giving birth on August 12, she was separated from the baby seconds later. “I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy,” West stated.

Legal Dispute

West served as a surrogate for Omar Ahmed and Nausheen Gilkar, the child’s intended parents. At 20 weeks, they requested an abortion due to the baby’s diagnosis. West declined and later traveled to Texas to deliver the baby.

The intended parents’ lawyer, Lee Budner, claims that the parents consented to surgery once doctors deemed it necessary. After determining eligibility, surgery proceeded on August 17. The child, referred to as “Rumi” by Ahmed and Gilkar, had the Norwood procedure for HLHS.

“My clients immediately provided consent for the surgery,” Budner stated.

West continues to pursue custody, defying court orders from Alaska and California. “I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him as he gets the ongoing treatment his fragile heart requires,” West explained.

Alliance Defending Freedom’s Support

With assistance from Alliance Defending Freedom, West is not trying to take the child. Instead, her goal is for the treatment he needs. Lila Rose, founder of Live Action, supports West’s custody fight. Rose expressed skepticism over Ahmed and Gilkar’s account of events.

“He deserves to remain protected and receive every chance to heal and live,” Rose stated.

Texas Attorney General Ken Paxton intervened, ensuring legal obligations for medically necessary care were met post-birth. The Norwood procedure is one of three typical surgeries for HLHS, now central to the ongoing dispute.

No further health updates are planned as the child’s condition remains complex. West’s commitment is to ensure treatment continues for survival.

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