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Surrogate Who Refused Abortion Asks SCOTUS for Custody

West says the parents sought an abortion after a fetal heart defect diagnosis and may withhold lifesaving surgery, according to her filing.

  • On Wednesday, surrogate McKenna West filed an emergency appeal to the Supreme Court, seeking custody of the 4-week-old child and challenging a California court order recognizing Omar Ahmed and Nausheen Gilkar as parents.
  • The boy was born with hypoplastic left heart syndrome, and West seeks custody, citing the couple's request for an abortion at 23 weeks and her belief they will not provide "life-saving care."
  • During an Aug. 25 hearing in Dallas, Nausheen Gilkar called West "mentally unstable" and testified, "Denying lifesaving care is not true," while a Texas court recognized the California judgment granting the couple custody.
  • According to the Cleveland Clinic, the infant requires a second surgery between 4 and 6 months of age, while West claims she has been dismissed from Texas proceedings and denied access to medical information.
  • The Supreme Court is not obliged to hear the case, and experts note that emergency relief in family disputes is rarely granted, though Texas Attorney General Ken Paxton previously obtained an order ensuring the boy received medical treatment.
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An ultrasound revealed that the fetus had a serious heart defect. The surrogate traveled to Texas, where almost all abortions are illegal.

·Helsinki, Finland
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Center

A serious heart defect revealed during an ultrasound has led to a custody dispute.

·Helsinki, Finland
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NBC News broke the news in New York, United States on Thursday, August 20, 2026.
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