The biological parents of a child born after their surrogate rejected their request for an abortion are suing for more than $100,000. Nausheen Gilkar and Omar Ahmed, the parents, allege that surrogate McKenna West breached their surrogacy agreement by refusing the abortion. They are also seeking damages for what they describe as West’s intentional misconduct.
According to TMZ, the couple had paid West $60,000 as outlined in their contract, which included clauses about termination. West denies these allegations and seeks the court’s dismissal of the claims.
The legal battle intensified after the unborn child was diagnosed with hypoplastic left heart syndrome (HLHS), a serious heart defect. Following this diagnosis, Gilkar and Ahmed requested an abortion, which West refused. Instead, she traveled to Texas where she delivered the baby on August 12.
Lila Rose from Live Action, a pro-life organization, criticized the lawsuit against West. She emphasized West’s decision to continue the pregnancy and deliver the child alive, who is currently recovering from necessary heart surgery.
Lila Rose stated, “No contract can authorize the killing of another person, and McKenna acted heroically to protect the child she carried.”
The child, called “Gabriel” by West and “Rumi” by the biological parents, underwent the Norwood procedure, essential for children with HLHS, shortly after birth. The surgeon explained that the condition remains precarious.
Texas Attorney General Ken Paxton intervened, obtaining a court order to guarantee the baby’s access to all medically necessary treatments. Both state and federal entities engaged to ensure discrimination-free, life-saving care for the baby.
Meanwhile, the dispute extends to parental rights, with West claiming parental status in Texas. A hearing is set for August 25. The biological parents, represented by Attorney Lee Budner, continue to assert that West’s claims lack legal standing.