The biological parents of baby Gabriel have now called out Texas AG Ken Paxton for interfering in their custody battle with their surrogate mother, McKenna West.
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Add BollywoodShaadis on GoogleA legal battle around baby Gabriel in the U.S has taken a new turn. The issue started when the biological parents, Nausheen Gilkar and Omar Ahmed, found out that their baby with a surrogate had a heart condition. So, they had to make the call to terminate the pregnancy. However, their surrogate mother Mckenna went to Texas and delivered the baby. Meanwhile, the couple has also called out Texas Attorney General Ken Paxton for his involvement in the case.
According to court documents filed in Texas, Nausheen and Omar have argued that Texas AG Ken Paxton's involvement in their matter is improper. They claim that Ken tried to intervene between their constitutional rights as the biological parents.
Their filing also stated that any state effort to take over their decision-making would infringe on their rights. In fact, they claim that they have the right to care and make medical decisions for the baby as the biological parents. At the same time, any attempt to take over their rights would violate the protections they get under the Fourteenth Amendment.
Nausheen and Omar also raised the issue of Ken's legal standing in the matter. They have pointed out that the only agency with the right to intervene in the matter was the Department of Children and Family Services. Meanwhile, the Attorney General's office has no legal authority to step into the matter.
For those unaware, the issue began from an ongoing dispute between the biological parents and the surrogate mother, McKenna West. The latter previously alleged that the couple asked her to terminate the pregnancy when the prenatal diagnosis revealed that the baby had a serious congenital heart condition. The biological parents maintain that their decision was in line with the surrogacy agreement signed with McKenna.
However, McKenna ran to Texas and delivered the baby since she could not come to terms with their decision. Simultaneously, she is also seeking legal rights over the baby through a legal filing. But Nausheen and Omar have disputed many of her claims throughout the legal process.
Baby Gabriel was born in Texas on August 12, 2026. He is presently getting specialized medical treatment for his condition. After his birth, the legal battle has now shifted to the question of who will get custody and medical authority of the kid. Mckenna named the child Gabriel after his birth.
The biological parents claim that she had no legal authority to name the child Gabriel. They also denied the claims that they do not want their son to have medical treatment. Instead, Nausheen and Omar say that they just want to consult with doctors to make informed decisions about the child as his biological parents. Amid this, their attorney argued that they had frequently sought involvement in the medical process and had made the decision, which they felt was best for the baby.
On the other hand, Ken Paxton's office takes a different view of the situation. As per the court filings, the Attorney General argued that after the child was born in Texas, the state had a responsibility to protect his life. It is irrespective of the conditions around his conceptions or any private agreements made before his birth.
The filing also expressed the concern that Nausheen and Omar might remove the child from Texas before any medical treatment decision can be made. But the couple has denied the claims.
The latest court filings are another case that has started a debate over surrogacy, abortion, parental rights, and medical ethics. Initially, Nausheen Gilkar and Omar Ahmed got a temporary order. It gave them the authority over the baby. But Ken later filed an additional action. He requested a hearing to appoint a guardian who can independently determine the baby's best medical treatment.
However, the biological parents have dismissed the concerns. They argued that they have frequently shown a willingness to work with medical professionals to make the right decisions for their son's care. Meanwhile, the questions about baby Gabriel's future remain unsolved for now.
What do you think about Nausheen Gilkar and Omar Ahmed's claims against Ken Paxton?
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