Biological parents Nasheen Gilkar and Omar Ahmed have filed a lawsuit seeking over $100,000 in damages from surrogate mother McKenna West, alleging she breached their contract by refusing to terminate a pregnancy.
West, 28, a nurse from Alaska, gave birth to the child on August 12 in Texas. The child was diagnosed around 20 weeks of gestation with hypoplastic left heart syndrome, a serious and life-threatening congenital heart defect. The intended parents claim their surrogacy agreement included a clause allowing for abortion if fetal abnormalities were detected.
Gilkar and Ahmed allege in their suit that West, aware of the diagnosis, refused their request to abort the fetus and instead traveled to Texas, where state law would recognize her as the birth mother. The couple states they agreed to pay West $60,000 to carry their child.
West has since named the baby Gabriel, though the biological parents refer to him as Rumi. The lawsuit filed by Gilkar and Ahmed seeks more than $100,000 for breach of contract and additional unspecified damages for alleged "malicious, outrageous conduct."
Attorneys for the intended parents deny they ever threatened to force West to abort the baby. However, Lincoln Wilson, an attorney representing West, stated that Gilkar and Ahmed have provided no financial support since West declined to terminate the pregnancy.
West, who has had two previous pregnancies, is preparing a legal battle to establish parentage. Her legal team asserts that under Texas law, the birth mother is the legal parent of a child born in the state. However, reproductive law attorney Marla Neufeld has indicated that a surrogate typically has limited legal claim to a child.
This case has drawn national attention, sparking debate on issues of abortion and surrogacy, and has involved legal proceedings across three states. West has stated, "Every life matters. No woman should be forced to end the life of the baby she is carrying—including me… Baby Gabriel should receive a chance at life."