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Baby with Heart Defect Receives First Surgery: Surrogate Dispute Escalates

Legal Battles Over Surrogate's Role Spark Controversy in Texas Case

by stunna1f
August 17, 2026
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Baby with Heart Defect Receives First Surgery: Surrogate Dispute Escalates
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A newborn baby with a rare heart defect, at the center of a protracted dispute between a surrogate and parents, underwent its first surgical intervention this week, marking a crucial step in the child’s recovery following the diagnosis of hypoplastic left heart syndrome. The baby, named Rumi, was born Wednesday in Texas, and the situation highlights a complex legal battle concerning the surrogate’s responsibilities and the child’s medical care, a development stemming from a week-long standoff between the parents, Omar Ahmed and Nausheen Gilkar, and the surrogate, McKenna West.

According to a lawyer representing the parents, Lee Budner, Rumi’s medical team determined that the baby was eligible for a Norwood procedure, a complex palliative heart surgery, the first of three required within the first few years of life for newborns with HLHS. The procedure was performed Monday morning, and Budner stated, “Rumi is now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff.” This is the last update on Rumi’s health, and the family seeks privacy in caring for their son on his long road to recovery.

The case began with a second surgery planned for 4 to 6 months and a third between 18 months and 5 years old, according to the Cleveland Clinic. The heart condition is rare and complex, the Cleveland Clinic emphasizes, and can cause lifelong complications. The initial discovery of the heart defect was made during the second surgery, after the parents initially sought an abortion from the surrogate, McKenna West.

West, who is from Alaska and refused to get the abortion, instead went to Texas before the baby was born, according to Texas Attorney General Ken Paxton, who intervened in the case last week. Paxton secured a court order stating that the baby must receive lifesaving medical care after birth. The court also ruled that Gilkar and Ahmed are responsible for medical decisions within the requirements of the court order. West was not allowed any contact with the child after his birth, her attorney, Lincoln Davis Wilson, informed CBS News last week. Wilson stated, “We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child, the mother of the child.” The court order further stipulates that West is not allowed to provide medical guidance to the child, and West intends to continue efforts to gain custody of the child, whom she had been calling Gabriel.

Gilkar and Ahmed are from California and West is from Alaska. West refused to get the abortion and instead went to Texas before the baby was born. Paxton had secured a court order saying the baby must receive lifesaving medical care after birth. The court also ruled that Gilkar and Ahmed are responsible for medical decisions within the requirements of the court order. As a result of those orders, West was not allowed any contact with the child after his birth, her attorney, Lincoln Davis Wilson, told CBS News last week. Wilson said West intended to continue efforts to gain custody of the child, whom she had been calling Gabriel.

CBS News has reached out to Wilson for comment. Gilkar and Ahmed had previously asked a California court to order West to give birth there. Budner said Wednesday that West "continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California. We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else."

Gilkar and Ahmed had previously asked a California court to order West to give birth there. Budner said Wednesday that West "continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California. We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else."

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Source: CBS News

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