Biological Mother and Surrogate Plead in Tears in Court: US Version of the "Judgment of Solomon"

A legal battle over custody between a biological mother who demanded an abortion for a fetus with a congenital heart defect and a surrogate mother who refused and went through with the birth is escalating.

According to U.S. broadcasters like CNN and the New York Post 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 involving surrogate mother Makenna West (28).

Biological mother Nausheen Gilkar broke down in tears in court, saying, "That is our child."

She explained that she had undergone eight rounds of artificial insemination and even a hysterectomy when she entered into the surrogate contract, stating, "This was the only option [to have a child]."

Pointing at surrogate mother West attending the court, she criticized her as an "unstable woman," adding, "She has been running around from doctor to doctor, state to state with our child. She is trying to take the child away from us."

West also responded in tears.

As a nurse, 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 describing it as "horrific."

While the biological parents named the child "Rumi," West steadfastly called the baby by the name she chose, "Gabriel."

In response, the judge ruled that the baby must be called "Rumi" according to the birth certificate.

The dispute over the newborn began when the fetus's congenital heart defect was discovered at 20 weeks of pregnancy after West was implanted with the couple's embryo.

When tests at the time confirmed hypoplastic left heart syndrome in the fetus, the biological parents demanded an abortion. Refusing to do so, West moved 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. I had to watch her unable to draw in air and choking on tubes."

Newborns with hypoplastic left heart syndrome will die within weeks if left untreated.

They must undergo three surgeries before the age of 5, and in rare cases, they can suffer from lifelong complications.

The couple has currently applied 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 surrounding abortion rights, causing a major ripple effect in American society.

Money matters are also intertwined.

The couple has filed a lawsuit seeking 100,000 dollars (approx. 138.7 million KRW) in damages against the surrogate mother, West.

West refused the abortion, publicized the matter, and raised 130,000 dollars under the banner of "Fight for Baby Gabriella's Life."

She admitted, however, that she has not yet used this 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)
※ Please note: This article was translated by AI and may contain errors.