Politics
Texas justices clear path for medically fragile infant to leave state for Los Angeles care
The Texas Supreme Court rejected an Alaska surrogate’s effort to keep a 1-month-old infant in Texas, allowing his biological parents to seek specialized treatment in Los Angeles. The decision comes amid a multistate custody dispute over the child’s care and medical future.
AUSTIN — The Texas Supreme Court has cleared the way for the biological parents of a medically fragile infant to move him from Dallas to Los Angeles for additional treatment, rejecting a surrogate’s request to keep the child in Texas.
The court on Thursday denied McKenna West’s request to block Nausheen Gilkar and Omar Ahmed from taking their 1-month-old son, whom they have named Rumi, to a Los Angeles hospital. The couple lives in California, while West, an Alaska resident who carried the pregnancy, has sought custody and authority over the child’s medical decisions.
The justices said the immediate priority was preserving the infant’s life. The court cited medical testimony from Rumi’s Texas physician recommending an intensive-care transfer between hospitals.
“Sustaining the life of the medically fragile child is the paramount concern in this time-sensitive matter,” the court wrote, according to its ruling. The justices said the record before them included uncontested testimony that an ICU-to-ICU transfer was in the child’s best interest.
Rumi has been receiving care at Children’s Hospital in Dallas. A court-appointed guardian ad litem, whose role is to represent the child’s interests, and his doctors testified during an Aug. 25 hearing that remaining surgeries should be performed in Los Angeles. The guardian said delaying the transfer could make the child’s treatment more complicated.
The underlying trial-court case has been sealed. Lawyers for Gilkar and Ahmed said the guardian and doctors had no concerns about the parents’ medical decision-making and that the couple had followed the treatment team’s recommendations. They also said hospice is not part of Rumi’s medical plan.
Rumi was born in Dallas on Aug. 12 after doctors diagnosed him before birth with an underdeveloped heart that prevented normal blood flow. He has already undergone one surgery and is expected to need additional procedures.
The custody fight began after West traveled to Texas, which bans abortion, seeking custody of the child. West has said she wanted sole conservatorship after accusing the biological parents of pressuring her to terminate the pregnancy when the heart condition was discovered in April. The parents have acknowledged that they once discussed termination but say they are now focused on their son’s treatment.
Gilkar testified that the couple pursued surrogacy after eight unsuccessful rounds of in vitro fertilization and a hysterectomy. The parents have prevailed in related court proceedings in California, Alaska and Texas.
West’s attorney had not responded to a request for comment by the time of the ruling’s publication. The parents’ attorney, Lee Budner, said West’s ongoing effort to publicize the dispute has contrasted with the parents’ focus on following Rumi’s medical plan.
The dispute may not be over. West has asked the U.S. Supreme Court to intervene. Gilkar and Ahmed have urged the justices to reject that request, arguing that further intervention could disrupt the continuity of Rumi’s care and create uncertainty about who can authorize treatment.