New twist in case of surrogate who refused to abort baby despite biological parents’ request

The biological parents of a baby born to a surrogate in Texas who refused to have the abortion they asked for are now in custody of the infant, according to their lawyer.

Read more Surrogate McKenna West vows legal fight against parents of baby they wanted her to abort, lawyer says: ‘She is the mother’

The baby, named Gabriel by surrogate McKenna West, is being cared for by biological parents Nausheen Gilkar and Omar Ahmed of California, the couple’s attorney, Lee Budner, told TMZ.

Budner said the couple — who asked that the unborn child be aborted after being diagnosed with a severe but treatable heart condition — has been “devastated” by the public political drama.

“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,” he told the outlet.

He said the parents’ top priority is spending as much time as possible with the baby, who was born Wednesday, while ensuring he gets the medical care he needs.

The boy is “now receiving medical care provided by a team of pediatric experts,” Budner told theNew York Times — adding they will “place their baby’s health and well-being first, following the advice of the baby’s medical team.”

The legal battle began in April after the unborn child was diagnosed with the severe heart condition, hypoplastic left heart syndrome, at 20 weeks.

The surrogacy contract between West, a nurse from Alaska, and the LA-area biological parents contained a clause that allowed terminations if there was an “anomaly” during the pregnancy.

But after the couple asked West to abort the fetus, she refused and instead traveled to Texas, where she would be recognized as the birth mother under state law.

Read more Inside surrogate McKenna West’s quixotic quest to keep the baby she delivered despite biological parents’ wishes

West, a single mom of two, was due to give birth Sept. 2, but the baby was born early in the Dallas area Wednesday. Gilkar and Ahmed have reportedly picked a different name for the boy.

West, who is seeking custody of the child according to the Times, was not allowed to see or hold the baby due to a court order.

West currently has no authority over the baby, according to legal documents obtained by TMZ.

A temporary restraining order obtained by Gilkar and Ahmed strips West of any decision-making about the infant’s medical care, according to the document.

It also states she can’t remove the boy from the hospital, represent herself as a parent or interfere with the biological parents’ “exclusive right access” to the boy. 

The order is in place until at least Aug. 25 at 1 p.m. — when she is ordered to appear before the district court in Dallas County, the outlet reported.

The dispute drew national attention this week after Texas Attorney General Ken Paxton intervened on behalf of West — pushing an emergency court order urging doctors to give the baby life-saving care upon his birth to stop him from being taken out of the state

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