The biological parents of a baby born after their surrogate refused to terminate the pregnancy are seeking more than $100,000, alleging breach of contract and emotional distress. The fetus was diagnosed at about 20 weeks with hypoplastic left heart syndrome (HLHS); the surrogate, McKenna West, declined an abortion and later gave birth in Texas on Aug. 12. The case has sparked multi-state legal battles over parental rights, intervention from the Texas attorney general and federal health officials, and the infant underwent a Norwood procedure shortly after birth.
Parents Seek Six Figures From Surrogate After She Refused Abortion Following Fetal Heart Defect
Texas Attorney General Ken Paxton secured an emergency court order requiring medically necessary care for the baby.
The biological parents of an infant born after their surrogate declined to terminate the pregnancy are pursuing more than $100,000 in damages, alleging the woman who carried their child breached their surrogacy agreement.
Background
According to court documents obtained by TMZ, Nausheen Gilkar and Omar Ahmed filed counterclaims against surrogate McKenna West weeks before she delivered in Texas on Aug. 12. The couple says they paid West $60,000 during the pregnancy under the surrogacy contract, which they say included provisions governing termination. They are seeking in excess of $100,000 for breach of contract and unspecified additional damages related to what they describe as West's "malicious, outrageous conduct."
Diagnosis and Dispute
Prenatal testing reportedly identified hypoplastic left heart syndrome (HLHS), a serious congenital heart defect, at about 20 weeks gestation. Gilkar and Ahmed, through their attorneys, say they requested that West terminate the pregnancy after that diagnosis; West refused and later traveled to Texas to give birth, the Texas Attorney General's office said. West has denied wrongdoing and has asked a court to dismiss the counterclaims.
Legal Fight Across States
The dispute has produced litigation in multiple states, including Alaska, California and Texas. West has sought parental rights in several courts while the biological parents have prevailed in key parental proceedings so far. The parties have used different names for the child: West refers to him as "Gabriel," and Gilkar and Ahmed call him "Rumi."
Medical Care And Government Intervention
The baby was born on Aug. 12 and reportedly underwent a Norwood procedure — the first of three major surgeries typically performed for children with HLHS — soon after birth. Attorney Lee Budner, who represents Gilkar and Ahmed, confirmed the child’s condition "remains critical and complex" and said the parents are focused on their son's recovery.
During the dispute, Texas Attorney General Ken Paxton obtained an emergency court order intended to ensure the infant would receive medically necessary care and notified Dallas hospitals of their obligations. The Department of Health and Human Services' Office for Civil Rights also informed the hospitals of federal disability-law requirements prohibiting discrimination in medical treatment on the basis of disability.
Reactions And Next Steps
Lila Rose, founder and president of pro-life organization Live Action, called the lawsuit "retaliation against a courageous woman" and praised West for refusing to terminate the pregnancy.
Gilkar and Ahmed's attorney characterized West's continued custody claims as "baseless" and said they violate court orders in Alaska and California. West continues to press for parental rights in Texas; a Dallas County hearing was scheduled for Aug. 25. News outlets have reported that the parents ultimately authorized the heart surgery and are focused on the child's recovery.
Sources: TMZ, Fox News Digital, The Texas Tribune, LifeNews, statements from counsel and public officials.
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