“Parents” Who Wanted Surrogate Baby Gabriel Killed in Abortion Get Custody

The California couple who requested that their surrogate mother abort their unborn son after a prenatal diagnosis of a severe but treatable heart defect have taken custody of the newborn boy less than 24 hours after his birth in Texas.

McKenna West, an Alaskan nurse and single mother of two, served as the surrogate for Nausheen Gilkar and Omar Ahmed of Los Angeles.

At 20 weeks, the little baby was diagnosed with hypoplastic left heart syndrome, a rare condition that requires a series of surgeries beginning in the first weeks of life but is treatable.

According to Texas Attorney General Ken Paxton, who intervened in the case, Gilkar and Ahmed requested an abortion upon learning of the diagnosis. A clause in the surrogacy agreement allowed the biological parents to have the baby killed in an abortion if an “anomaly” were found. West refused and traveled to Texas before giving birth so that she would be recognized as the birth mother under state law.

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She named the boy Gabriel and he was born Wednesday morning in Dallas.

A California court had already ruled that Gilkar and Ahmed are the legal parents.

Paxton secured an emergency court order requiring life-saving medical care, including intensive treatment and at least one surgery, and barring the infant from being taken out of Texas. The court also determined that the biological parents, not West, are responsible for medical decisions within the bounds of that order.

A separate order currently prohibits West from any contact with the child.

Attorney Lee Budner, representing Gilkar and Ahmed, said the boy “is now in their physical custody while he receives expert medical care at a tertiary care center.”

“Thankfully, McKenna West’s baseless attempt to interfere with his medical care has been soundly rejected by the courts,” Budner said – even though West acted to ensure Gabriel received all the medical care he needs.

Budner ironically added about the boy his clients wanted killed before birth, “Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would.”

In other incomprehensible remarks, Budner added: “As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West. Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with their beautiful newborn son.”

West’s attorney, Lincoln Davis Wilson, said she is challenging the parentage orders.

“We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth to a child the mother of the child,” Wilson said. He noted the infant is receiving care “at a facility that has an excellent track record of success in performing” the necessary procedures.

The biological parents are scheduled to appear in a Dallas County court on August 25. Gilkar and Ahmed are also suing West.

Gabriel requires immediate surgery to survive beyond the first week and is under the care of a team of pediatric experts. Aside from the known heart condition, early signs were described as positive.