The Texas Supreme Court has rejected an Alaskan surrogate’s attempt to keep a medically fragile infant she delivered, clearing the way for the biological parents to transport the one-month-old to a Los Angeles hospital, according to court documents filed on Thursday.
The ruling deals a blow to surrogate McKenna West, who sought sole conservatorship of the child in Texas to make medical decisions. West had tried to block biological parents Nausheen Gilkar and Omar Ahmed from removing the infant, named Rumi, from Children’s Hospital in Dallas, where he has been treated since his August 12 birth.
Medical Testimony and the ICU Transfer Order
The court based its decision on uncontroverted medical testimony from the infant’s Texas physician, who recommended an ICU-to- ICU transfer. According to court filings, the doctor testified that performing the child’s remaining surgeries in Los Angeles is necessary to preserve his life as long as possible, warning that delaying the transfer would cause much more complicated treatment.
A court-appointed guardian ad litem, Susan Duesler, supported the parents in a brief filed with the state supreme court. Duesler stated that the parents have followed medical recommendations to the letter and that doctors hold no concerns regarding the couple’s medical decision-making. Attorneys for the parents also confirmed that hospice is not part of Rumi’s medical plan.
Multi-State Custody Dispute Background
Rumi’s birth triggered a multi-state legal battle after West traveled to Texas, a state that bans abortion, to file for custody. West accused Ahmed and Gilkar of pressuring her to terminate the pregnancy after an April prenatal diagnosis revealed the fetus had an underdeveloped heart restricting normal blood flow.
Gilkar testified in an August Dallas court hearing that the couple turned to surrogacy after eight unsuccessful rounds of in vitro fertilization and a subsequent hysterectomy. Before the Texas Supreme Court ruling, Gilkar and Ahmed successfully maintained custody through court fights in California, Alaska, and Texas.
West’s attorney did not immediately respond to requests for comment.
Pending Appeals and Next Legal Steps
Despite the Texas Supreme Court order clearing the transfer, the legal battle continues outside the state. Rumi’s parents filed a heavily redacted response to West’s request asking the U.S. Supreme Court to intervene.
In their filing, Gilkar and Ahmed argue that the case falls outside the high court’s jurisdiction and that granting a stay would introduce chaos and interrupt the infant’s critical medical care. Budner emphasized in his statement that West’s requested stay threatens the continuity of Rumi’s treatment.
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