▲ Biological mother Nausheen Gilkar (center)
A custody legal battle is fully underway between a biological mother who demanded an abortion for a fetus with a congenital heart defect and a surrogate mother who refused and went ahead with the birth.
According to U.S. broadcasters CNN, the New York Post, and others on the 26th local time, a hearing was held the previous day at a state district court in Dallas, Texas, to decide whether to maintain custody and temporary restraining orders for surrogate mother McKenna West (28).
Nausheen Gilkar, the biological mother, shed tears in court that day, saying, "That is our child."
She explained that she had undergone eight rounds of artificial insemination and even a hysterectomy before entering into a surrogate contract, calling it "the only option" to have a child.
Pointing at surrogate West, who was present in court, she criticized her as an "unstable woman," adding, "She is running around from this doctor to that doctor, from this state to that state with our child. She is trying to take the child away from us."
West also responded in tears.
A nurse by profession, she directly described the abortion procedure that would have taken place if she had not fled, stating, "They would have injected medication to stop the baby's heart," and calling it "horrific."
The biological parents named the baby 'Rumi,' but West steadfastly referred to the baby by the name she gave, 'Gabriel.'
In response, the judge ruled that the baby must be called 'Rumi' in accordance with the birth certificate.
The battle over the newborn began when the fetus's congenital heart defect was discovered at 20 weeks of pregnancy, after West conceived using the couple's embryo.
When tests at the time confirmed hypoplastic left heart syndrome in the fetus, the biological parents demanded an abortion. West refused, moved her residence from Alaska to Texas—where abortion is banned—and gave birth to the child on the 12th.
The baby is currently hospitalized in the intensive care unit at a Dallas hospital after undergoing surgery.
Gilkar confessed that the baby's health has deteriorated and is currently in critical condition, saying, "She is struggling to breathe. We had to watch her unable to catch her breath and choking on the tube."
Newborns with hypoplastic left heart syndrome die within weeks if untreated.
They must undergo a total of three surgeries before the age of 5, and in rare cases, can suffer from lifelong complications.
The couple has currently filed for a restraining order to prevent West from seeing the baby.
On the other hand, West's side is demanding sole guardianship so she can make medical decisions for the baby, arguing that the biological parents requested the termination of the pregnancy.
This case has emerged as a political and social issue related to abortion rights, sparking significant repercussions in American society.
Money matters are also intertwined.
The couple has filed a damages lawsuit worth 100,000 dollars (approx. 138.7 million won) against West, the surrogate mother.
West refused the abortion, publicized the fact, and raised 130,000 dollars under the name "Fight for Baby Gabriella's Life."
However, she admitted that she has not yet used the money for the baby's medical bills or legal fees.
On this day, the court extended the restraining order but did not make a decision on custody.
(Photo: AP, Yonhap News)
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