Texas court allows transfer of infant with heart condition to intended parents in California

A Texas court has permitted the intended parents of a newborn with a severe heart defect to move the child to California, overriding the surrogate's emergency request. The ruling cited medical testimony that an ICU-to-ICU transfer was in the infant's best interest. The surrogate had argued she feared the parents might place the baby in hospice care, but the court found no such concerns.

The infant was diagnosed prenatally with hypoplastic left heart syndrome, prompting intended parents Nausheen Gilkar and Omar Ahmed to request a termination. Surrogate McKenna West instead traveled to Texas, where abortion is prohibited, and sought legal recognition as the child's mother under state law. Texas Attorney General Ken Paxton intervened before the birth, and hospitals were ordered to provide lifesaving care when the child arrived in August.

The Texas Supreme Court based its ruling on uncontroverted medical testimony from the child's Texas physician supporting an ICU-to-ICU transfer to preserve the infant's life. The intended parents' submission noted the Guardian Ad Litem testified they followed doctors' recommendations completely, with physicians expressing no concerns about their medical decision-making. Gilkar and Ahmed pursued surrogacy after eight failed IVF rounds and a hysterectomy. West's emergency petition to the US Supreme Court remains pending.