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Texas Surrogacy Abortion Battle Over Baby Custody

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A surrogacy and abortion dispute that drew national attention became a courtroom drama in Dallas this week, with both the biological mother and the surrogate claiming parental rights over a baby born in Texas.

The case began as a surrogacy arrangement between a California couple, Nausheen Gilkar and Omar Ahmed, and an Alaska nurse, Mc Kenna West. After the fetus was diagnosed with a serious heart condition, the couple invoked a contract clause requesting an abortion, but Ms. West refused and traveled to Texas to give birth.

During a four-hour hearing, Ms. West sought to overturn a California ruling naming Ms. Gilkar and Mr. Ahmed as parents. She argued, "He is here and he has a birthday because of the fight I have put up." Ms. Gilkar countered, calling Ms. West unstable and accusing her of forcing them to flee across state lines.

Judge Ashley Wysocki extended a temporary restraining order preventing Ms. West from presenting herself as the baby's parent while the case is decided. The infant, born Aug. 12 with a severe heart condition, remained in critical condition at a Dallas hospital. The Texas attorney general, Ken Paxton, and the Alliance Defending Freedom became involved, with Mr. Paxton seeking court-ordered medical treatment for the child.