# US surrogacy and reproductive rights legal dispute > Live situation record from CLSTR: https://clstr.news/situations/us-surrogacy-and-reproductive-rights-legal-dispute > Updated: 2026-08-25T22:43:43.000Z. Sources: 62. Developments: 4. The legal and ethical dispute regarding surrogacy contracts and reproductive rights has escalated into an active custody battle following the birth of a baby boy in Texas on August 12. The conflict remains centered on the disagreement between Alaskan surrogate McKenna West and California-based biological parents Nausheen Gilkar and Omar Ahmed. The dispute originated when the biological parents requested West terminate the pregnancy due to a diagnosis of hypoplastic left heart syndrome (HLHS), a demand they claim is permitted under their $60,000 surrogacy agreement. West refused, citing the child’s right to live. The infant, referred to as ‘Gabriel’ by West and ‘Rumi’ by the parents, is currently in the physical custody of Gilkar and Ahmed while receiving medical treatment at a tertiary care center. While a California ruling currently favors the biological parents, West’s attorney, Lincoln Davis Wilson, has stated she intends to appeal to the U.S. Supreme Court, arguing that Texas law recognizes the birth mother as the parent. Texas Attorney General Ken Paxton has issued an order to ensure the infant receives necessary medical care. In a Dallas court, the dispute has intensified regarding medical decision-making. West is seeking sole conservatorship for the child, testifying that although she had previously made an abortion appointment at the couple's urging at 23 weeks, she ultimately decided against the procedure. Meanwhile, the biological parents’ legal team has characterized West’s actions as an attempt to interfere with the child's medical care. During a recent hearing, Gilkar and Ahmed testified that the child’s health has declined following a Norwood Procedure, leaving him in critical condition. A Dallas judge has extended a temporary restraining order for two weeks, preventing West from seeing or making medical decisions for the infant while a final ruling on custody or conservatorship remains pending. ## Claims - The surrogate, McKenna West, is seeking sole conservatorship to make medical decisions for the child. (disputed by 20 sources) - The California couple claims parental rights to the newborn, whom they named Rumi. (corroborated by 25 sources) - The newborn has been diagnosed with hypoplastic left heart syndrome. (corroborated by 24 sources) - West testified that she was 23 weeks pregnant when she made an abortion appointment at the couple's urging but decided against it. (corroborated by 23 sources) - A judge left a restraining order in effect that prevents the surrogate from seeing or holding the child. (corroborated by 20 sources) - The surrogacy contract included a clause allowing the parents to request an abortion if fetal abnormalities were detected. (corroborated by 14 sources) - McKenna West traveled from Alaska to Texas to give birth. (corroborated by 14 sources) - The biological parents are suing surrogate McKenna West for more than $100,000 in damages. (corroborated by 13 sources) - The original agreement involved a $60,000 payment to West to carry the child. (corroborated by 11 sources) - The lawsuit alleges West engaged in malicious and outrageous conduct. (corroborated by 10 sources) - A Texas court order ensured the newborn would receive life-saving medical care. (corroborated by 5 sources) ## Timeline ### 2026-08-25: Dallas judge delays custody decision in surrogacy and abortion dispute A Dallas judge has extended a restraining order in a multi-state legal battle between a California couple and their surrogate over a newborn with a severe heart defect. 34 sources. https://clstr.news/cluster/texas-court-hears-dispute-between-california-couple-and-surrogate ### 2026-08-19: McKenna West sued by biological parents after refusing to abort baby Biological parents are suing surrogate McKenna West for over $100,000 after she refused to abort their baby following a diagnosis of a serious heart defect, leading to a multi-state legal battle. 17 sources. https://clstr.news/cluster/biological-parents-sue-surrogate-for-100000-after-abortion-refusal ### 2026-08-15: McKenna West enters custody battle after surrogacy dispute Surrogate McKenna West is entering a legal battle for custody of a baby born in Texas after she refused biological parents' requests to terminate a pregnancy due to a fetal heart defect. 14 sources. https://clstr.news/cluster/mckenna-west-enters-custody-battle-following-surrogacy-dispute ### 2026-08-13: Surrogacy and abortion rights spark legal and ethical debates Legal and ethical debates intensify over surrogacy and abortion rights, highlighted by a Texas case involving an intended couple's attempt to abort a fetus with a heart defect. 2 sources. https://clstr.news/cluster/surrogacy-and-abortion-rights-spark-legal-and-ethical-debates --- Cite as: US surrogacy and reproductive rights legal dispute. CLSTR, https://clstr.news/situations/us-surrogacy-and-reproductive-rights-legal-dispute