A California couple whose baby was born with a serious heart defect have asked a judge to bring their legal dispute with surrogate McKenna West to an end, accusing her of refusing to abandon her court fight despite previously indicating she would do so.
Nausheen Gilkar and Omar Ahmed have also alleged that West, 28, is attempting to profit from the media attention surrounding their son, according to a report by TMZ published on Tuesday.
The couple claim West continues to pursue custody of the boy, whom they named Rumi, even though several courts have already rejected her attempts to secure legal authority over him.
West, meanwhile, has referred to the child as Gabriel since giving birth in Texas on August 12.
Disagreement Emerged After Baby Was Diagnosed With Heart Defect
The dispute began during the pregnancy after the baby was diagnosed with hypoplastic left heart syndrome, a serious congenital condition in which the left side of the heart is underdeveloped and cannot adequately support normal blood circulation.
West previously alleged that Gilkar and Ahmed pressured her for weeks to terminate the pregnancy following the diagnosis.
The couple have disputed her account, claiming that West initially agreed to an abortion but later changed her mind, stopped communicating with them and continued the pregnancy against their wishes.
According to court documents from Alaska cited by the Associated Press, the couple’s legal representatives argued that West had initially agreed to terminate the pregnancy and had arranged the first appointment herself.
The surrogacy agreement was established in August 2025 through Worldwide Surrogacy Specialists LLC.
The contract reportedly contained a clause requiring an abortion if the unborn child was diagnosed with an abnormality.
Parents Wanted Delivery in California for Specialist Treatment
Gilkar and Ahmed had wanted their son to be delivered in California, where they live and where a specialist cardiac team in Los Angeles was prepared to provide his treatment.
Their court filings argued that having the baby born in Texas separated him from his parents and the medical team they had chosen to oversee his care.
West gave birth in Dallas, Texas, on August 12, where most abortions are banned under state law.
She subsequently identified a Texas hospital that had reportedly achieved a 100 per cent success rate in recent years with the first of the three operations the baby was expected to require.
West was also connected with Lila Rose, founder and president of the anti-abortion organisation Live Action, who assured her that she would help arrange her journey to Texas.
Days before the birth, Texas Attorney General Ken Paxton, a Republican, announced that his office was intervening to protect the baby’s life.
His office notified UT Southwestern Medical Center and Children’s Medical Center of Dallas about their legal obligations to provide life-saving care.
Baby Underwent Major Heart Surgery Shortly After Birth
The boy underwent the Norwood procedure, a major operation used to treat hypoplastic left heart syndrome, following his birth.
The condition can cause breathing difficulties, bluish or ashen skin and a weak pulse.
Without treatment, affected babies can die within days or weeks.
According to the US Centers for Disease Control and Prevention, treatment typically involves a series of operations shortly after birth.
Although surgery does not cure the underlying defect, it helps improve heart function and blood circulation.
Approximately 925 babies are born with the condition in the United States each year.
Photographs published amid the legal dispute have shown the infant receiving medical care while connected to breathing equipment, tubes and wires. Images have also shown a long surgical scar running down his chest.
Courts Have Rejected West’s Attempts to Obtain Custody
West’s efforts to gain legal control over the baby have faced repeated setbacks across several jurisdictions.
On September 2, Texas District Court Judge Ashley Wysocki rejected her attempt to obtain sole conservatorship of the child.
Earlier, in June, the Superior Court of California for Los Angeles County had recognised Gilkar and Ahmed as the boy’s legal parents.
The Texas Supreme Court also blocked West’s attempt to prevent the couple from taking their son to a hospital in Los Angeles, where they live.
West subsequently appealed to the US Supreme Court, but Justice Elena Kagan rejected her emergency application on September 22.
Kagan handles emergency appeals arising from California, and she did not provide a detailed explanation for the decision, consistent with the usual practice in such cases.
Following that ruling, the couple’s legal team welcomed the decision, saying it allowed Rumi to continue receiving the medical treatment he needed.
The lawyers also accused West of filing challenges across three states and multiple appellate courts in an effort to undermine the biological parents’ authority to make medical decisions for their son.
They said those efforts had been rejected by every court that considered them.
Couple Allege West Has Received Support From Special Interest Groups
Gilkar and Ahmed have also accused West of entering arrangements with special interest groups to obtain financial support and legal representation, according to TMZ.
The couple’s latest request asks a judge to end the continuing legal dispute, with their allegations about West’s intentions forming part of the wider disagreement over custody and the baby’s care.
The dispute has also centred on the child’s name.
While his biological parents call him Rumi, West has continued to refer to him as Gabriel.
