Update: Baby Gabriel Survives First Heart Surgery; Biological Parents Sue Surrogate
Baby Gabriel is alive and recovering from his first major heart surgery in his biological parents’ custody while they sue the surrogate who refused to abort him.
The case captured national attention when it broke about two weeks ago, raising serious questions about IVF, commercial surrogacy and what happens when adults disagree about whether a child should be given the chance to live.
Baby Gabriel was born on August 12, 2026, in Dallas after McKenna West, an Alaskan surrogate, refused the intended parents’ request to abort him.
McKenna says the intended parents, a California couple now identified as Nausheen Gilkar and Omar Ahmed, told her to abort the baby after he was diagnosed with a serious but treatable heart condition. The heart defect was discovered at McKenna’s 20-week ultrasound.
McKenna refused and instead traveled to Texas, where heart specialists could provide Gabriel with the life-sustaining medical care he would need after birth.
Texas Attorney General Ken Paxton stepped in on behalf of McKenna and Gabriel, asking a Texas court to issue an emergency order providing special protection for Gabriel as soon as he was born.
The court agreed and issued the order on August 11. Gabriel was born the following day.
But Gabriel’s birth did not end the complicated legal battle — or the moral dilemma surrounding his case.
The intended parents currently have custody of baby Gabriel, whom they call Rumi.
A Texas court has issued a temporary restraining order against McKenna, preventing her from contacting Gabriel.
McKenna, meanwhile, continues to fight for custody of Gabriel, arguing that because she gave birth to him in the state of Texas, she has parental rights under Texas law.
The next hearing in the custody case is scheduled for August 25.
At the same time, the California couple has filed a lawsuit against McKenna for more than $100,000 for breach of their surrogacy contract — including for failing to abort Gabriel.
On Monday, Gabriel overcame his first major health hurdle and had his first heart surgery. He could need as many as three over the next several years.
For now, a Texas protection order will keep baby Gabriel in Texas where he can continue receiving care from specialists who can treat his heart condition.
Gabriel’s case continues to expose some of the most troubling realities surrounding commercial IVF and surrogacy.
It seems almost unconscionable that the same two people who were advocating for Gabriel’s death last week now have custody. How can they be trusted with his ongoing care and well-being?
The value of human life is not dependent on ability, diagnosis, dependency or adult expectations.
Babies are not property. They are human beings with human rights, and they deserve protection under the law.
The Daily Citizen will continue to follow this developing story.
Related articles and resources:
Baby Gabriel Born as Texas Court Issues Order Protecting His Chance at Life
Alaska Surrogate Battles to Keep Baby After Abortion Demand
Perspectives on Surrogate Motherhood
What Does The Bible Say About Surrogacy?
