Surrogate Sued After Refusing Abortion for Baby with Heart Defect
A legal battle is unfolding between biological parents and the surrogate who carried their child, with the parents seeking over $100,000 from the surrogate after she refused their request to terminate the pregnancy following a severe heart diagnosis for the baby. The lawsuit, filed by Nausheen Gilkar and Omar Ahmed, alleges that surrogate McKenna West breached their surrogacy agreement. The couple claims they paid West $60,000 during the pregnancy, and the agreement included provisions regarding pregnancy termination.
Surrogacy Agreement and Heart Diagnosis
The dispute centers on a pregnancy that took a difficult turn when the baby was diagnosed around 20 weeks gestation with hypoplastic left heart syndrome (HLHS), a serious congenital heart defect. According to officials, Gilkar and Ahmed subsequently asked West to undergo an abortion. However, West refused and ultimately traveled to Texas to give birth on August 12th. The biological parents are now pursuing legal action, seeking more than $100,000 in damages for breach of contract and alleging emotional distress due to what they describe as West’s “malicious, outrageous conduct.”
Surrogate Denies Wrongdoing, Seeks Dismissal
McKenna West has denied any wrongdoing and is requesting that the counterclaims against her be dismissed. Her legal team argues that she did not breach the surrogacy agreement and that the parents’ claims are without merit. The case has garnered attention from pro-life organizations, with Lila Rose, founder of Live Action, publicly supporting West. Rose stated that the lawsuit represents retaliation against West for refusing to terminate the pregnancy of a child with a heart condition, emphasizing her belief that no contract should compel the termination of a life.
Conflicting Accounts Emerge
Attorneys for Gilkar and Ahmed have disputed allegations that they attempted to force West to terminate the pregnancy. Court filings suggest that West initially agreed to the procedure and even made an appointment for it, only to change her mind later. This conflicting narrative adds another layer of complexity to the ongoing legal dispute, which has involved proceedings across multiple states, including Alaska, California, and Texas.
Parentage and Naming the Child
The legal fight has also involved complex issues of parentage. While West has asserted parental rights over the child she calls “Gabriel,” Gilkar and Ahmed refer to their son as “Rumi.” Court proceedings in Alaska and California have seen the biological parents prevail in key parentage matters. Despite these rulings, West continues to pursue parental rights in Texas, where a hearing is scheduled.
Baby’s Medical Condition and Treatment
Following his birth, the infant diagnosed with HLHS underwent the Norwood procedure, the first of three surgeries typically required for infants with this condition. Officials confirmed that the child’s condition remains critical and complex. The medical care for the baby also drew the attention of state and federal officials. Texas Attorney General Ken Paxton intervened, securing an emergency court order to ensure the baby received necessary medical treatment without delay. His office also formally notified Dallas hospitals of their obligations to provide life-saving care. The Department of Health and Human Services’ Office for Civil Rights also communicated with the hospitals regarding federal disability law and non-discrimination in medical treatment.
Focus on Recovery Amidst Legal Strife
Despite the intense legal conflict, the biological parents, through their attorney, have indicated that their primary focus is on their son’s recovery. They ultimately authorized the critical heart surgery. The legal proceedings, however, continue, with West seeking parental rights in Texas and a court date set for August 25th. The case highlights the intricate ethical and legal questions surrounding surrogacy, particularly when faced with unexpected medical diagnoses during pregnancy.
