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Respiratory therapist Michelle Sirra takes a blood sample from a 3-day-old patient in preparation for transfer to an Extracorporeal Membrane Oxygenation unit on Friday, July 21, in San Juan, Puerto Rico. An ECMO team comprised Air Force and Army medical specialists from the Wilford Hall Medical Cent
Photo: Staff Sgt. Matthew Rosine | CC BY 2.5 | Wikimedia Commons

Dallas Judge Extends TRO In Surrogacy Custody Fight Over Sick Newborn

A Dallas family court judge on Tuesday, August 25, 2026, extended a temporary restraining order and delayed a custody decision in a surrogacy dispute over a newborn who became critically ill after heart surgery.[1]

Newly filed court documents said the baby was re-intubated and placed back on a breathing tube after his condition worsened following an Aug. 17 Norwood open-heart procedure.[2] The filings said the infant suffered possible complications and is again in critical condition under close hospital monitoring.[2] In Dallas family court, intended mother Nausheen Gilkar testified that since the surgery the baby has struggled to breathe, choked on tubes and required a blood transfusion.[2]

On Aug. 14 doctors said the child was eligible for the Norwood procedure and Gilkar and Omar Ahmed consented to the Aug. 17 surgery, attorney Budner said.[2] Gilkar told the judge, 'He's our child,' and accused surrogate McKenna West of trying to take the baby from the hospital, saying he is 'the love of our lives' who is 'suffering a lot.' Fox News West, an Alaska cardiac nurse, is seeking sole conservatorship so medical decision-making would be in her hands, while Gilkar and Ahmed say the newborn is named Rumi and have been at his bedside.[2]

The judge left the temporary restraining order in place as the parties prepare for further proceedings.[1] The court delayed a final custody ruling while the infant remains in critical condition under close hospital monitoring.[2]

  1. CBS News
  2. Fox News
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📌 Key Facts

  • On Tuesday, August 25, 2026, newly filed court documents said the newborn was re-intubated and placed back on a breathing tube after his condition worsened following an Aug. 17 Norwood open-heart procedure.
  • The filings state the baby suffered possible complications after the Norwood surgery and is again in critical condition under close hospital monitoring.
  • Nausheen Gilkar testified in Dallas family court that since the Aug. 17 surgery the baby has struggled to breathe, choked on tubes and required a blood transfusion.
  • Gilkar told the court, 'He's our child,' accused surrogate McKenna West of trying to take him away, and described the newborn as 'the love of our lives' who is 'suffering a lot.'
  • McKenna West, an Alaska cardiac nurse, is seeking sole conservatorship so medical decision-making would be in her hands; Gilkar and Omar Ahmed say the baby is named Rumi and that they have been at his bedside.
  • Attorney Budner restated that on Aug. 14 doctors deemed the child eligible for the Norwood procedure and that Gilkar and Ahmed consented to the Aug. 17 surgery, which he characterized as 'critical and complex.'

📰 Source Timeline (2)

Follow how coverage of this story developed over time

August 26, 2026
1:40 AM
Surrogate, California couple clash in court as newborn fights for life after heart surgery
Fox News
New information:
  • On Tuesday, August 25, 2026, newly filed court documents said the newborn was re-intubated and placed back on a breathing tube after his condition worsened following an Aug. 17 Norwood open-heart procedure.
  • The filings, cited by TMZ and Fox News, state the baby suffered possible complications after the Norwood surgery and is again in critical condition under close hospital monitoring.
  • In Tuesday's Dallas family court hearing, intended mother Nausheen Gilkar testified that since surgery the baby has struggled to breathe, choked on tubes and required a blood transfusion, according to Associated Press reporting quoted in the article.
  • Gilkar told the court, "He's our child," accused surrogate McKenna West of trying to take him away, and described the newborn as "the love of our lives" who is "suffering a lot."
  • The article reiterates that West, an Alaska cardiac nurse, is seeking sole conservatorship so medical decision-making would be in her hands, while Gilkar and Omar Ahmed continue to call the baby Rumi and emphasize they have been at his bedside.
  • Attorney Budner is quoted restating that on August 14 doctors deemed the child eligible for the Norwood procedure and that Gilkar and Ahmed consented to the Aug. 17 surgery, which he characterized as "critical and complex."