A Dallas judge has delayed a final custody decision involving a critically ill newborn born to a surrogate mother, extending a temporary restraining order by an additional 14 days, according to KERA News. Dallas County District Judge Ashley Wysocki maintained terms that block surrogate McKenna West from seeing, holding, transporting, or making medical decisions for the child while the legal battle continues between the surrogate and the baby’s genetic parents, Nausheen Gilkar and Omar Ahmed.
Dallas Judge Extends Restraining Order in Surrogate Custody Dispute
The high-profile case has drawn national attention, with anti-abortion groups and Republican officials rallying behind West. West, a nurse who lived in Anchorage, Alaska, flew to Texas to give birth on August 12, 2026, according to AP News. Texas enforces a near-total abortion ban.
Medical Complexities and Critical Health Status
The newborn—whose legal name is Rumi Ali Ahmed, while West and her attorneys refer to him as Baby Gabriel—was born with hypoplastic left heart syndrome (HLHS), a rare and serious congenital condition where the left side of the heart is underdeveloped, disrupting normal blood flow, as reported by Cbsnews. Fewer than 1,000 newborns each year are diagnosed with the condition, according to the Centers for Disease Control and Prevention cited by AP News.
The infant underwent an open-heart procedure known as a Norwood procedure days after birth. However, court documents obtained by Fox News revealed that the baby suffered potential complications and his condition declined significantly, requiring him to be re-intubated and placed back on a breathing tube. Gilkar testified in court that since the surgery, the baby has gasped for air, choked on tubes, and needed a blood transfusion. A court-appointed attorney stated that the infant will remain in critical care for at least 30 days.
Surrogacy Agreement and Termination Dispute
Los Angeles residents Gilkar and Ahmed entered a compensated surrogacy agreement with West on August 29, 2025, according to KERA News. The contract stated that the gestational carrier had considered the issue of pregnancy termination and agreed to abide by the intended parents’ requests concerning termination.
During Tuesday’s courtroom proceedings in Dallas, Gilkar confirmed that she and her husband had requested that West terminate the pregnancy in May after learning of the HLHS diagnosis. West is asking for sole managing conservatorship, arguing that the intended parents were not committed to guaranteeing lifesaving care.
Courtroom Testimony and Legal Background
During the Tuesday hearing, Gilkar offered emotional testimony, describing the infant as the love of our lives
and stating that surrogacy was their only option after matching through an agency a year prior, as detailed by Cbsnews. Gilkar accused West of withholding medical records and making them run between doctors, while West admitted in court to withholding the records.
Judge Wysocki left the temporary restraining order in place while the legal determinations regarding final parental rights and conservatorship proceed.