The biological parents of a child born recently are pursuing legal action against their surrogate, seeking more than $100,000. They allege the surrogate breached their agreement by refusing to terminate the pregnancy after the baby was diagnosed with a severe heart condition.
Nausheen Gilkar and Omar Ahmed filed a countersuit against McKenna West, the woman who carried their child, several weeks before she gave birth on August 12 in Texas. Reports indicate the couple is seeking over $100,000 for alleged breach of their surrogacy contract, alongside unspecified damages for what they describe as West's "malicious, outrageous conduct."
According to the couple, they provided West with $60,000 during the pregnancy under the terms of their surrogacy agreement, which reportedly included stipulations regarding pregnancy termination. Their counterclaims assert that West violated this agreement, causing them significant emotional distress.
The Core of the Dispute: A Difficult Diagnosis
The pregnancy became the subject of a complex legal battle spanning multiple states. Around 20 weeks into the pregnancy, the fetus was diagnosed with hypoplastic left heart syndrome (HLHS), a severe congenital heart defect. Following this diagnosis, Gilkar and Ahmed reportedly requested that West terminate the pregnancy, a request she refused. West subsequently traveled to Texas to give birth.
McKenna West has denied any wrongdoing and is asking the court to dismiss the counterclaims against her. A statement attributed to a representative for West, issued after the lawsuit became public, highlighted the timing of the legal challenge:
"This lawsuit is retaliation against a courageous woman who is barely a week postpartum after carrying this baby and fighting to save his life."
Conversely, the biological parents have disputed claims that they threatened or attempted to coerce West into terminating the pregnancy. In a court filing, their attorneys reportedly stated that West initially agreed to the termination and scheduled an appointment before ultimately changing her decision.
The disagreement has unfolded in courts in Alaska, California, and Texas. While West has asserted parental rights, the biological parents have prevailed in key parental proceedings. West refers to the child as "Gabriel," while Gilkar and Ahmed call their son "Rumi."
Baby's Birth and Medical Treatment
The child was born on August 12 and recently underwent a Norwood procedure, the first of three surgeries typically required for infants with HLHS. This procedure occurred on Monday, and the baby is currently recovering.
A representative for Live Action, a pro-life organization, stated that the baby's survival validates West's decision to refuse the abortion:
"This child is alive today and recovering from his first life-saving surgery because McKenna had the courage to say no. No contract can give one person the right to order the killing of another. Women are not incubators for hire, and children are not products to be discarded when they are sick. McKenna acted heroically to save the baby boy she carried, and Live Action will continue to stand with her and defend the dignity and right to life of every child."
Lee Budner, the attorney representing Gilkar and Ahmed, confirmed the heart procedure, noting that the child's condition "remains critical and complex." Budner has also characterized West's ongoing claims for custody as "baseless" and asserted they violate court orders issued in Alaska and California.
State and Federal Intervention
The intense dispute over the baby's medical care prompted intervention from both state and federal authorities. Texas Attorney General Ken Paxton secured an emergency court order prior to the birth, mandating that medically necessary care not be delayed or obstructed. His office also informed UT Southwestern Medical Center and Children's Medical Center of Dallas of their obligations to provide life-saving treatment.
"The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves," Paxton stated at the time. "My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's well-being. Every child in our state deserves to be cared for and protected, and that's exactly what I'll fight for."
Subsequently, the Department of Health and Human Services’ Office for Civil Rights notified the two Dallas hospitals of their duties under federal disability law, which includes prohibitions against discrimination in medical treatment based on a patient’s disability.
The biological parents ultimately authorized the necessary heart surgery, and their attorney has indicated their focus is now entirely on their son's recovery.
McKenna West continues to pursue parental rights in Texas. A hearing in the Dallas County case is scheduled for August 25.
