McKenna West’s baby is in critical condition after undergoing complex heart surgery, the infant’s biological parents claimed in court filings.
Nasheen Gilkar and Omar Ahmed, the California couple who have been locked in a multi-state custody battle with the 28-year-old Alaska nurse, stated in legal documents that the newborn underwent the open-heart procedure known as the Norwood Procedure within the last day. The surgery addresses hypoplastic left heart syndrome, a severe congenital defect the fetus was diagnosed with during the pregnancy.
“Serious medical developments have arisen that impact the health and safety of the child. The child is in critical condition and being closely monitored at the hospital,” Gilkar and Ahmed wrote in the court documents.


The biological parents further claimed that the baby, whom they named Rumi, has seen his condition decline “significantly” following potential complications from the operation. The infant remains under close hospital observation as medical teams work to stabilize him.
Gilkar and Ahmed are suing West for more than $100,000 in damages, according to the lawsuit. The couple had agreed to pay West $60,000 to carry their child, with a contract that included an abortion clause permitting termination if fetal abnormalities were detected.
The legal fight erupted when West refused to terminate the pregnancy after the hypoplastic left heart syndrome diagnosis, choosing instead to carry the baby to term and seek custody. The biological parents had requested the abortion under the terms of the surrogacy agreement.


In the viral moment that sparked national attention, West gave birth and the baby was reportedly taken from her within 60 seconds of delivery, with the biological parents asserting their rights under the surrogacy contract. The case quickly escalated into a broader battle over surrogate autonomy, contract enforcement, and parental rights across state lines, drawing intervention from Texas Attorney General Ken Paxton before his office later withdrew from the multistate proceedings. Restrictions on West’s access to the infant remained in place as the litigation continued.
The case has become a flashpoint in the national debate over surrogacy laws, with legal experts warning that the outcome could have chilling effects on surrogacy arrangements in Texas and beyond. The involvement of multiple states — California, where the biological parents reside; Alaska, where West is based; and Texas, where the birth occurred — has complicated jurisdictional questions and amplified the dispute’s visibility.
West has maintained through her legal team that she acted to protect the baby’s life and has sought parental rights. The biological parents have pressed their contractual claims and custody demands even as the infant’s medical condition has worsened.
The Norwood Procedure is typically the first of three staged surgeries required for babies born with hypoplastic left heart syndrome, a condition in which the left side of the heart is severely underdeveloped. Survival rates have improved with advances in pediatric cardiac surgery, but the procedure carries significant risks and the postoperative period is often precarious.
The next court hearing in the custody dispute is scheduled in Dallas.

