Judge delays custody decision in surrogacy fight over newborn with heart defect
Dallas judge has delayed a custody decision, extending a temporary restraining order another two weeks as the legal fight over custody of a baby with a rare heart defect born to a surrogate continues.
A Dallas judge has postponed a ruling on custody for a newborn with a rare heart defect, prolonging a restraining order for two more weeks amid a high-profile surrogacy dispute. The legal battle centers around McKenna West, a nurse who gave birth to the baby in Texas on August 12, despite living in Alaska and the state's near-total abortion ban.
The baby's parents, Nausheen Gilkar and Omar Ahmed, insist they are the rightful guardians, despite a court order stating otherwise. The baby, diagnosed with hypoplastic left heart syndrome, underwent its first surgery within days of birth. The second surgery is typically performed between 4 to 6 months, and the third between 18 months and 5 years.
The condition can cause lifelong complications. During Tuesday's hearing, Gilkar testified that surrogacy was not her initial choice, but her only option. She alleged that West withheld medical records and exhibited "mentally unstable" behavior, making it difficult to coordinate medical care. West admitted to withholding medical records but denied mental instability. The baby, less than two weeks old, is currently in critical care.
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