The biological parents of a newborn boy whose surrogate refused to terminate the pregnancy have spoken publicly in court about the reasons they considered abortion, as the surrogate now fights for sole custody after leaving the state before the birth.
Nausheen Gilkar and Omar Ahmed retained 28-year-old McKenna West as their surrogate after Gilkar said years of fertility struggles left her unable to carry a child herself.
Gilkar, the biological mother of 13-day-old Rumi, testified in a Dallas courtroom on Tuesday that she endured eight unsuccessful rounds of IVF before ultimately undergoing a hysterectomy.
“This was our only option,” Gilkar told the court, becoming so emotional during her testimony that proceedings were briefly paused so she could regain her composure.
“We’ve never wanted anything more than this baby,” she said.
The court was also shown the surrogacy contract signed by West, which included a provision allowing the intended parents to choose termination in the event of “fetal abnormalities.”
In April, West learned the baby she was carrying had been diagnosed with hypoplastic left heart syndrome, or HLHS, a serious congenital heart defect that doctors warned he might not survive.
But West declined to undergo an amniocentesis, a test Gilkar and Ahmed’s attorney argued could have given doctors a definitive answer on whether the unborn child was eligible for the open-heart surgery needed to save his life.
Gilkar has since admitted that she and her husband asked West to terminate the pregnancy due to the complications with the baby’s heart condition, but denied that they ever refused or intended to refuse medical care to the child.
Nausheen Gilkar and Omar Ahmed, the biological parents of a baby boy a surrogate refused to abort opened up on Tuesday about why they felt using a surrogate was their only option
McKenna West, center, the Alaska surrogate mother who fled to Texas to give birth, is pictured arriving in court Tuesday for a hearing after she asked for sole custody of the baby boy
Health complications then started the moment baby Rumi was born on August 12, requiring him to be resuscitated.
‘When they tried to give him medicine, the tube came out and he stopped breathing and chaplain was called,’ Gilkar sobbed.
‘He’s suffering a lot.’
Additionally, Rumi has undergone genetic testing, blood work, and echo cardiogram as well as that two-day open heart procedure called the ‘Norwood.’
However, the surgery was delayed by days because West did not get the amniocentesis test while pregnant.
Due to his constant need for medical attention, the biological parents have only held Rumi for a handful of times since he was born.
‘He the most beautiful person I’ve ever seen. He’s the love of our lives,’ the biological mother said while still wearing her orange hospital bracelet.
The couple have been in the Lone Star state since August 10, when West relocated to Texas without their permission to give birth to their son.
A Dallas judge ruled the temporary restraining order against surrogate mother McKenna West would remain in place until she made a ruling in the next 14 days
Baby Rumi’s biological parents left the courthouse without speaking to the media, however, the revealed they have been in Texas since August 10, when their surrogate relocated to Texas without their permission to give birth to their son
Rumi is now in critical condition.
His lawyer testified it would be another three to four weeks before doctors can tell if the surgery he had actually worked, and that he would remain in critical care for at least another month.
In the meantime, lawyers for the biological parents are asking the court to dismiss West’s claims for maternity.
They argue that she signed a surrogacy agreement acknowledging she was the ‘carrier’ and that Gilkar and Ahmed were the sole legal and genetic parents of the child.
The biological parents have already won one legal battle, as a court in California ruled in favor of the them, declaring them the sole legal parents.
West, a mother of her own two biological children, has also been barred from having any contact with the newborn after his biological parents were granted a temporary restraining order.
But lawyers for West, paid for by the Alliance Defense for Freedom, argue that she is the mother because she gave birth to the child.
She has filed for custody of the baby boy and is suing the parents for breach of contract since they are no longer paying her surrogate salary.
The surrogate mother McKenna West (pictured) gave birth on Wednesday
West, a mother of her own two biological children, has been barred from having any contact with the newborn after his biological parents were granted a temporary restraining order
Defending her actions on Tuesday, West said she ‘knew that I wanted to protect’ the baby.
‘I knew that he deserved to be protected and that he deserved a chance,’ said the nurse, whose legal fees and living expenses are being paid for by a conservative group – even though she raised more than $128,000 in an online fundraiser.
When the nearly five hour long hearing ended, Dallas County Judge Ashley Wysocki ruled she would extend the temporary restraining order for 14 days as she mulls a decision in the custody case.
She also ruled that future matters regarding the case would be sealed to protect baby Rumi.
