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Surrogate Baby in Critical Condition After Complex Heart Surgery as Legal Fight Continues

Courts must now resolve who can make urgent medical and custody decisions after the surrogate refused the intended parents’ request to terminate the pregnancy.

Overview

  • The newborn, prenatally diagnosed with hypoplastic left heart syndrome, underwent a first-stage open‑heart operation known as the Norwood procedure and is now reported in critical condition and under close hospital monitoring.
  • The child was born in Dallas on Aug. 12 after the surrogate, McKenna West, declined the intended parents’ request to terminate the pregnancy following a 20‑week HLHS diagnosis.
  • Intended parents Nasheen Gilkar and Omar Ahmed say their surrogacy contract included a $60,000 payment and an abortion clause and are suing West for more than $100,000 for allegedly breaching that agreement.
  • A Dallas hearing is considering temporary orders that would limit the surrogate’s contact and decision‑making while the parents’ breach‑of‑contract suit and custody claims proceed across multiple states.
  • The case matters beyond this family because HLHS requires time‑sensitive staged surgeries and the court rulings could shape how states enforce surrogacy contracts and who holds authority over critical neonatal care.