The biological parents of a critically ill newborn have spoken publicly about the heartbreaking circumstances behind their request for a surrogate to terminate her pregnancy after their unborn son was diagnosed with a serious heart condition. Nausheen Gilkar and Omar Ahmed hired 28-year-old nurse McKenna West to carry their child after years of unsuccessful fertility treatment. According to a report by Daily Mail, Gilkar told a Dallas court on Tuesday that she had gone through eight failed rounds of IVF before undergoing a hysterectomy. "This was our only option," Gilkar said, becoming so emotional that the hearing was briefly recessed. "We've never wanted anything more than this baby."
The court heard that West had signed a surrogacy agreement allowing the intended parents to request termination of the pregnancy in the event of fetal abnormalities. By April, however, doctors discovered that the baby had hypoplastic left heart syndrome, or HLHS, a serious congenital heart condition in which the left side of the heart is severely underdeveloped. The condition can require multiple complex surgeries shortly after birth and can be life-threatening. Gilkar has acknowledged that she and Ahmed asked West to terminate the pregnancy after learning about the baby's condition. However, she denied ever intending to deny their son medical treatment. According to the couple's lawyer, West also declined to undergo an amniocentesis during the pregnancy. The test could have provided doctors with additional information about the baby's condition and helped determine whether he was a candidate for the open-heart surgery he would eventually require.
Baby Rumi was born on August 12 and immediately required intensive medical intervention. Gilkar described the frightening moments after his birth in court. "When they tried to give him medicine, the tube came out and he stopped breathing and chaplain was called," she said through tears. "He's suffering a lot." Rumi has since undergone genetic testing, blood work and echocardiograms. He also underwent the Norwood procedure, a complex open-heart operation used in babies with conditions such as HLHS. The surgery was reportedly delayed by several days, with the biological parents' lawyers arguing that West's refusal to undergo amniocentesis contributed to the delay. Rumi remains in critical condition. His lawyer told the court that doctors may need another three to four weeks to determine whether the surgery has been successful, while the baby is expected to remain in intensive care for at least another month.
Because of Rumi's medical condition and his constant need for treatment, Gilkar and Ahmed have only been able to hold their son a handful of times since his birth. "He [is] the most beautiful person I've ever seen. He's the love of our lives," Gilkar said while wearing an orange hospital bracelet. The couple travelled to Texas on August 10 after West relocated there without their permission to give birth to the baby. The dispute has now developed into a custody battle between the biological parents and the woman who carried and gave birth to their son.
Lawyers representing Gilkar and Ahmed are asking the Dallas court to reject West's claims to maternity. They argue that she signed a surrogacy agreement identifying herself as the carrier and recognising Gilkar and Ahmed as the child's legal and genetic parents. The couple have already secured a significant legal victory in California, where a court declared them the sole legal parents of Rumi. West, who has two biological children of her own, has also been barred from contacting the newborn after the biological parents obtained a temporary restraining order.
West's lawyers, who are being funded by the Alliance Defending Freedom, argue that she should be recognised as the baby's mother because she gave birth to him. West has filed for custody of Rumi and is also suing the biological parents for breach of contract after they stopped paying her surrogate compensation. Defending her decision to continue the pregnancy, West told the court that she believed the baby deserved a chance at life. "I knew that I wanted to protect" the baby, she said. "I knew that he deserved to be protected and that he deserved a chance." West's legal fees and living expenses are being covered by the conservative organisation, despite the fact that she has raised more than $128,000 through an online fundraiser.
The nearly five-hour hearing ended with Dallas County Judge Ashley Wysocki extending the temporary restraining order against West for another 14 days while she considers the custody dispute. The judge also ruled that future proceedings in the case would be sealed to protect Rumi's privacy. For now, the newborn remains critically ill in hospital as his biological parents and the woman who carried him continue their legal battle over his custody and future.
