The biological parents of a child, born via surrogate, are pursuing a legal claim of more than $100,000 against the woman who carried their baby. They allege that she breached their surrogacy contract by refusing to terminate the pregnancy upon their request.
According to reports from TMZ, the countersuit was filed by Nausheen Gilkar and Omar Ahmed against McKenna West shortly before she gave birth in Texas on August 12. The couple claims West violated the surrogacy agreement, causing them emotional distress, in addition to their financial demands.
During the pregnancy, they reportedly paid West $60,000 as per their agreement, which included clauses regarding termination options. The baby, diagnosed with hypoplastic left heart syndrome (HLHS) at around 20 weeks, became the center of a multi-state legal conflict when West refused the couple’s termination request and later delivered the child in Texas.
McKenna West’s defense maintains her actions were not wrong, and she seeks dismissal of the counterclaims. Lila Rose, president of the pro-life organization Live Action, which supports West, condemned the legal action against her. Rose stated, ‘The individuals who instructed McKenna to abort the child are now trying to financially ruin her for her refusal to proceed with the abortion, while simultaneously demanding custody of the child they once wanted aborted.’
The biological parents counter that they did not exert any threats or force upon West to terminate the pregnancy. Their attorneys documented in a court filing that West had initially consented to the abortion, scheduling an appointment before deciding otherwise.
This complex legal dispute spans across regions including Alaska, California, and Texas. West and the biological parents contested parental rights, with the biological parents prevailing in certain parentage proceedings. They refer to the baby as ‘Rumi,’ while West calls him ‘Gabriel.’
The infant underwent a Norwood procedure soon after birth, essential for those with HLHS. Attorney Lee Budner, representing Gilkar and Ahmed, affirmed the procedure but noted the child’s condition remains critical and complex. Budner alleges West’s custody claims are unfounded and defy legal orders from Alaska and California courts.
The situation attracted intervention from Texas Attorney General Ken Paxton who obtained an emergency order to ensure the baby’s medical needs weren’t hindered. Paxton emphasized, ‘The court’s swift action to preserve baby Gabriel’s life is commendable, and my office will persist in supporting his welfare.’
The parents authorized their baby’s heart surgery while focusing on his recovery. Meanwhile, West continues to petition for parental rights in Texas. Her hearing is set for August 25.
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