3:25 PM PT --Adam Wolf, the attorney representing the baby's biological parents, tells TMZ ... "We are grateful that Rumi can continue receiving the treatment he needs to survive, and that he will not be stripped away from his parents, who are ensuring their child receives top-notch medical care."
The statement continued ... "Ms. West’s legal filings across three states, numerous courts of appeals, and now the U.S. Supreme Court have sought to undermine Rumi’s parents’ right to provide him with the care he needs. Those efforts have been rejected by every single court."
Surrogate McKenna West lost her bid to have the Supreme Court review her battle with the biological parents of the child she gave birth to, TMZ has learned.
On Tuesday, Justice Elena Kagan decided to reject McKenna's plea for the court to review the decision to award custody of the baby to the biological parents, Omar Ahmed and Nausheen Gilkar.
McKenna argued she should have custody since Omar and Nausheen wanted to abort the child due to a birth defect. Omar and Nausheen scoffed at the suggestion that they shouldn't be the ones to take care of the baby.
The first photos of the baby at the center of the legal drama between the biological parents and surrogate McKenna West have been released ... and they are tough to look at.
TMZ obtained two photos of the newborn from his biological parents, Omar Ahmed and Nausheen Gilkar, and the images show a long scar down the middle of his chest from emergency heart surgery.
The child, who Omar and Nausheen call Rumi, is hooked up to all sorts of tubes and machines monitoring his health. It's a lot to take in.
The parents of the baby at the center of McKenna West's surrogacy battle are pushing back on her latest Supreme Court move ... saying the emergency relief she's seeking could put their son's health at risk.
Attorneys for Nausheen Gilkar and Omar Ahmed filed a response with the U.S. Supreme Court, obtained by TMZ, opposing McKenna's latest attempt to challenge the California ruling naming them the legal parents of baby Rumi.
Their lawyers say pausing the parentage ruling could create confusion over who gets to make medical decisions for Rumi ... potentially disrupting his treatment.
McKenna West's last-ditch bid to try taking her wild surrogacy case before the Supreme Court is being slammed by the biological parents of the critically ill baby she carried.
Nausheen Gilkar and Omar Ahmed's lawyer, Lee Budner, described the surrogate's latest legal attempt as containing "defamatory lies about Rumi's parents and his medical care, and mischaracterizations of the law."
The California couple's attorney pointed out court rulings in Alaska, California and Texas have already gone in their favor ... saying, "This means that every Court to consider McKenna West's claims has ruled that Rumi's parents are Omar and Nausheen."
McKenna West is taking her wild surrogacy battle to the highest court in the land ... asking the Supreme Court of the United States to step into the fight over the critically ill baby she carried.
The Alaska surrogate filed an emergency application Wednesday asking SCOTUS to block a California ruling that recognizes biological parents Nausheen Gilkar and Omar Ahmed as the baby's legal parents.
McKenna wants the effect of that order put on ice so she can have a say in the newborn's medical care. She claims it was entered in violation of her due process rights and ultimately wants it reviewed and reversed.
McKenna West is being dragged to court by her biological son’s baby daddy as she continues to fight the biological parents of the baby she gave birth as a surrogate ... TMZ has learned.
According to court docs, obtained by TMZ, Robert Gross sued McKenna on September 2 in Alaska.
Robert claims he is not and has never been married to McKenna but says they share a son named Cassius West, born in 2021. Per the docs, Robert is asking to be granted sole decision-making authority for their son.
Surrogate McKenna West is asking a Texas judge to issue an order blocking the biological parents from interfering with her caring for their kid ... TMZ has learned.
According to court docs, obtained by TMZ, McKenna opposes Nausheen Gilkar and Omar Ahmed's request to be named the conservators of the child they named "Rumi" but who she calls "Gabriel" ... instead, McKenna insists that she be appointed the sole managing conservator of the child.
The newborn is currently being cared for by Nausheen and Omar after a judge granted them temporary custody ... and the baby boy is in critical condition after emergency heart surgery following his August 12 birth.
The biological mother at the center of the McKenna Westsurrogate baby battle broke down in court Tuesday ... accusing West of trying to steal her child.
Nausheen Gilkarsobbed as she testified in Dallas ... saying West is now trying to claim the baby she and her husband hired her to carry.
As TMZ previously reported ... the baby -- whom West calls Gabriel and the biological parents call "Rumi"-- was born with hypoplastic left heart syndrome and is in critical condition after heart surgery.
McKenna West's baby Gabriel's health is declining days after his complex heart surgery … and he is in critical condition.
According to court docs obtained by TMZ, Nausheen Gilkar and Omar Ahmed, the biological parents who are battling McKenna over custody of the boy, claim the newborn they call "Rumi" underwent a complex open-heart surgery called the Norwood Procedure.
They say in the last 24 hours, "Serious medical developments have arisen that impact the health and safety of the child. The child is in critical condition and being closely monitored at the hospital."
McKenna West is firing back at the biological parents of baby "Gabriel" ... denying their claim that she is trying to get child support from them ... TMZ has learned.
In new court docs, Nausheen Gilkar and Omar Ahmed, the California couple who hired McKenna to be their surrogate for the child they call "Rumi," claim McKenna wants them to pay child support.
They also claim her lawyer requested they cover her legal fees and support.
They note, however, that McKenna has not made any allegations that they are unfit parents.
Surrogate McKenna West isscoffing at the biological parents being upset at her for naming the newborn baby Gabrielamid their nasty court battle ... TMZ has learned.
According to court docs obtained by TMZ, McKenna asked the court to toss the counterclaims brought by Nausheen Gilkar and Omar Ahmed ... after they demanded more than $100,000 in damages.
Nausheen and Omar alleged they suffered emotional distress and other damages from the ordeal McKenna put them through when she refused to abort the baby against their wishes after finding out it had a heart defect.
McKenna flew to Texas to give birth, but the biological parents have been temporarily awarded custody and decision-making authority over the baby. The court battle remains ongoing.
In her new filing, McKenna said Nausheen and Omar claim McKenna is violating their surrogacy agreement by calling the baby Gabriel. Nausheen and Omar insist the baby's name is Rumi.
2:30 PM PT -- Lee Budner, attorney for the child's biological parents, tells TMZ ... the baby underwent surgery this morning and "is now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff."
Budner tells us ... "This is the last update on Rumi's health that his family intends to share. His condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery."
He adds ... "Meanwhile, Ms. West continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California. We look forward to quickly defeating those claims as Rumi's parents continue to focus on his health and safety above all else."
We're told the Norwood procedure is the first of three surgeries required within the first several years of life for children born with hypoplastic left heart syndrome.
The biological parents who wanted their surrogate to terminate the pregnancy are now taking steps to keep their newborn alive ... telling a judge they've decided their son will undergo major heart surgery.
According to a court filing, obtained by TMZ, Nausheen Gilkar andOmar Ahmed have elected to have the baby undergo the Norwood procedure after consulting with doctors at Children's Health.
The Norwood procedure is a complex open-heart surgery performed on newborns with hypoplastic left heart syndrome -- the condition doctors discovered during the pregnancy. It helps the side of the heart that works pump blood through the body.
Surrogate McKenna West's online fundraiser is closing in on $80,000 in donations, as the surrogate continues her legal fight following the birth of the baby at the center of a bitter surrogacy dispute.
West's self-described friend -- Ellen Fisher -- launched the GiveSendGo campaign to help the single mom with legal fees, travel, living expenses and costs associated with caring for her two children. The fundraiser is approaching the $80,000 mark with a goal of $100K.
In the fundraiser, Ellen gives her account of how West allegedly found herself in a financial and legal bind after doctors discovered the baby had hypoplastic left heart syndrome, or HLHS ... claiming West was told to schedule an abortion after the diagnosis and was "terrified," believing she could face financial consequences and potentially a lawsuit if she refused.
Surrogate McKenna West says she knows a person who was born with the same heart defect as Baby Gabriel... and she claims they are now a "thriving teenager."
According to court documents obtained by TMZ, McKenna says the baby was born with hypoplastic left heart syndrome, just like Gabriel ... and they underwent at least three surgeries.
The docs say McKenna's maternal-fetal-medicine specialist got in contact with the biological parents to explain to all three of them how approximately 70% of children with HLHS live beyond their fifth birthday.
The specialist made it clear McKenna would need to travel out-of-state to successfully deliver this child ... and that's exactly what she did.
McKenna West says she couldn't go through with terminating her pregnancy, despiteNausheen Gilkar and Omar Ahmed insisting she do so ... even though she previously stated she talked it over with a psychologist and was willing to do so if they wanted it done.
A new legal filing includes the surrogacy agreement the parties signed back in August 2025 ... and one section clearly states there "shall be a termination of the pregnancy for a fetal abnormality" upon request of Gilkar and Ahmed.
As we reported ... the baby, who West named Gabriel, was diagnosed with hypoplastic left heart syndrome -- a congenital heart defect -- during the 20-week fetal scan.
McKenna West claims she was facing the threat of a six-figure fine under her surrogacy contract if she didn’t abort the baby she was carrying for a California-based couple ... TMZ has learned.
We obtained the lawsuit McKenna filed against Worldwide Surrogacy over the baby she was carrying for Nausheen Gilkar and Omar Ahmed. As we've previously reported, the parents wanted the baby aborted due to health issues doctors found.
McKenna refused and gave birth on August 12 in Texas to a baby boy she named Gabriel ... which the couple says is not the child's name.
Texas Attorney General Ken Paxton spoke out in favor of McKenna ... and took steps to ensure two Texas hospitals would provide medical care.
