UPDATE: Life-saving surgery performed on baby at center of viral surrogacy case

The baby boy at the center of the viral surrogacy case has received the first of three life-saving operations needed. 

Previously it was uncertain whether these operations would be performed on the baby once born, as the biological parents initially insisted the surrogate have an abortion once the unborn child’s diagnosis was made clear.

However, Texas Attorney General Ken Paxton stepped in and sent a letter to the relevant hospitals reminding the physicians of their legal duty to give the baby life-saving treatment.

Background

In late 2025, McKenna West, a nurse and single mother of two from Alaska, became a surrogate through IVF for a couple now known to be Omar Ahmed and Nausheen Gilkar. At the 20 week anatomy scan, the unborn baby was diagnosed with a rare condition known as hypoplastic left heart syndrome (HLHS).

Specialists at the time assured that the unborn baby would have a good chance of survival once the necessary surgeries were performed after birth.

The first of these surgeries, known as the Norwood procedure, is required within the first 2 weeks after birth. The second of three life-saving procedures happens at 4 to 6 months of age and the other between 18 months and 5 years of age.

Despite McKenna discovering a hospital in Dallas with a 100% success rate for the Norwood procedure, she says the commissioning couple tried to insist on abortion — as per a clause in the contract the surrogate signed.

McKenna was subsequently scheduled for a late-term 24 week abortion but could not bring herself to follow through.

As a result, the surrogate mother fled to Dallas, Texas in an attempt to ensure that the unborn child (who she named ‘Gabriel’) received the necessary care he deserves to help preserve his life. Texas Attorney General Ken Paxton ended up publicly supporting McKenna, and released a statement demanding that Dallas hospitals provide the necessary life-saving care to the child once born.

The biological parents attempted to force her to give birth in California where they would be in control of the nature of the care he receives after birth, but this motion was denied by the Alaska Superior Court. Gabriel ended up being born in Dallas last week.

McKenna is being sued by the couple who hired her for breaking the contract by refusing the abortion, and stopped receiving payments to support her even in the late stages of pregnancy. She is also being ordered to repay the couple every cent that has been paid to her thus far. Latest reports say the surrogate is being sued for $100,000. 

The latest

An attorney for the biological parents has said that a medical team determined that baby Rumi was eligible for the Norwood procedure, the first of three surgeries typically performed on babies diagnosed with HLHS. Rumi underwent the first of these surgeries on Monday.

“Rumi is now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff,” the attorney has said. “This is the last update on Rumi’s health that his family intends to share. His condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery.”

Temporary restraining order granted against surrogate

The baby’s biological parents, Omar Ahmed and Nausheen Gilkar, had their request for a temporary restraining order against the surrogate mother granted by a Dallas judge. This blocks McKenna from making any medical decisions for the baby she was carrying. 

Lincoln Wilson, an attorney for McKenna has stated that his client “is lawfully the parent because she gave birth to this child that she carried in Texas”, and that “she should control custody as well”. A court hearing is scheduled for August 25th.