Parents Sought to End Surrogacy Legal Battle
Biological parents have asked the court to finalize their custody rights following a national surrogacy dispute.
Updated on Oct. 14, 2026 in Pregnancy
Biological parents Nausheen Gilkar and Omar Ahmed have requested a court to terminate a long-standing legal battle with their surrogate, McKenna West. The case follows a complex dispute over parental rights after the surrogate gave birth to a child with a heart condition.
Why it matters
The dispute centers on the enforcement of surrogacy contracts and the determination of legal parenthood, an issue that impacts family logistics and medical decision-making for intended parents. This case highlights the legal challenges that can arise when medical complications occur during surrogacy.
Approximately 925 babies are born in the U.S. annually with hypoplastic left heart syndrome. The child in this case successfully underwent a Norwood procedure heart surgery following birth.
The players
Nausheen Gilkar and Omar Ahmed
The biological parents who sought to establish legal rights to ensure the medical care of their child.
McKenna West
The 28-year-old surrogate who entered into a contract with the biological parents.
Ashley Wysocki
The Texas District Court Judge who ruled against the surrogate's attempt to gain sole conservatorship.
Elena Kagan
The Justice of the U.S. Supreme Court who denied the appeal regarding the custody dispute.
The details
The surrogacy contract, signed in August 2025, included a specific clause requiring pregnancy termination if an abnormality was identified. Following the birth in Dallas on August 12, 2026, the surrogate attempted to gain sole conservatorship, which was ultimately rejected by multiple courts. The biological parents sought to maintain legal authority to ensure the child received specialized medical care in California.
Timeline
August 2025: McKenna West signed the surrogacy contract.
June 2026: California court recognized the biological parents as legal parents.
August 12, 2026: The baby was born in Dallas.
September 2, 2026: Judge Ashley Wysocki ruled against West’s attempt for sole conservatorship.
September 22, 2026: Justice Elena Kagan denied the appeal to the U.S. Supreme Court.
The Home Front
Surrogacy remains a complex legal landscape where contract enforcement often varies significantly between states. This case follows a pattern set by litigation over the enforceability of medical clauses within surrogacy agreements.
Families entering into surrogacy agreements should consult with licensed legal professionals to understand how state-specific laws treat contract terms. Intended parents should ensure all parental rights are clearly established and recognized by courts in their home jurisdiction before birth.
The takeaway
This case highlights the importance of rigorous legal preparation when navigating surrogacy to protect the rights of all involved parties. Prospective parents should ensure all agreements are reviewed by counsel to confirm alignment with local custody laws and medical requirements.
Further reading
For more on the complexities of family building and legal considerations, explore our Pregnancy coverage.
