Biological Parents of Baby Born to Surrogate Who Refused Abortion Now Have Physical Custody of Newborn

The baby whose surrogate refused to terminate the pregnancy is now in his biological parents’ physical custody.

TMZ reported Thursday, August 13, that Nausheen Gilkar and Omar Ahmed, the intended parents of the boy born to surrogate McKenna West, now have their son in their custody while he continues to receive medical care.

As Globe previously reported, Alaska resident West learned around 20 weeks into the pregnancy that the fetus had hypoplastic left heart syndrome, a congenital heart condition.

Gilkar and Ahmed, who live in California, pushed for an abortion following the diagnosis, but West refused and eventually traveled to Texas to seek treatment for the baby. The boy, referred to throughout the case as “Baby Gabriel,” was born on Wednesday, August 12, in the Dallas area.

“Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would,” Lee Budner of the law firm Calabrese Budner, who represents the couple, said, per TMZ. “As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West.”

According to the outlet, Budner said the couple’s top priority is spending as much time as possible with their son while making sure he gets the medical care he needs.

The case has drawn national attention as it played out across Alaska, Texas and California, with West previously indicating she would seek custody herself in Alaska if the biological parents didn’t approve surgery for the baby’s heart condition.