Nausheen Gilkar broke down on the witness stand Tuesday as she described her newborn son’s dire medical condition.
The California mother, who appeared before a Dallas court alongside her husband Omar Ahmed, testified that the infant she and Ahmed named Rumi is “suffering a lot” after being born with a severe congenital heart defect. Rumi entered the world on August 12 following a surrogacy dispute that has drawn national attention and now spans two states.
Gilkar and Ahmed, who are the biological parents, had arranged for Alaska nurse McKenna West, 28, to carry their child. The couple’s path to parenthood included eight failed rounds of IVF and ultimately a hysterectomy for Gilkar. “This was our only option. We’ve never wanted anything more than this baby,” Gilkar told the court through tears.
Around 20 weeks into the pregnancy, doctors diagnosed the fetus with hypoplastic left heart syndrome (HLHS), a life-threatening condition where the left side of the heart fails to develop properly. Gilkar and Ahmed requested termination based on the medical risks and what they said was West’s prior agreement to abort in cases of severe fetal abnormalities. West refused, left California, and traveled to Texas where abortion restrictions are in effect.
West, a mother of two, is now seeking full custody of Rumi while simultaneously suing Gilkar and Ahmed for breach of contract after they stopped her surrogate compensation payments. She sat in the courtroom Tuesday as Gilkar addressed her directly.
“He’s our child,” Gilkar said from the witness stand.
“She’s unstable. She’s trying to take him from us,” Gilkar added, according to courtroom testimony.
The biological parents have been recognized as Rumi’s sole legal parents by a California court, which issued a temporary restraining order barring West from any contact with the infant. Dallas County Judge Ashley Wyscoki extended that order for an additional 14 days while custody claims remain under consideration.
Rumi’s health has been precarious since birth. Gilkar described one harrowing incident to the court: “When they tried to give him medicine, the tube came out and he stopped breathing and chaplain was called.” The infant required resuscitation during the emergency and has since undergone open-heart surgery and genetic testing. He remains in critical condition under intensive care.
Despite the medical crisis, Gilkar expressed devotion to the child she called the “most beautiful person I’ve ever seen.” She and Ahmed insisted they are fully committed to caring for Rumi through his ongoing health battle.
The case highlights the legal complexities that emerge when surrogacy agreements cross state lines with differing abortion laws, and when contractual obligations collide with changing circumstances during pregnancy.
PAGES: