Biological parents Nausheen Gilkar and Omar Ahmed are seeking more than $100,000 from surrogate McKenna West, alleging she breached their surrogacy agreement by refusing to terminate the pregnancy after their baby was diagnosed with a severe heart defect. The countersuit, filed weeks before West gave birth in Texas on Aug. 12, also seeks unspecified damages for what the couple describes as West's "malicious, outrageous conduct."
The couple claims they paid West $60,000 during the pregnancy as per the agreement, which included provisions for termination. West denies wrongdoing and is asking the court to dismiss the counterclaims.
The case became a multistate legal battle after the baby was diagnosed around 20 weeks with hypoplastic left heart syndrome (HLHS). According to Texas Attorney General Ken Paxton's office, Gilkar and Ahmed requested West terminate the pregnancy after the diagnosis. West refused and subsequently traveled to Texas to give birth.
Attorneys for Gilkar and Ahmed have disputed allegations that they threatened or coerced West into the abortion, stating in a court filing that West initially agreed to the procedure and made an appointment before changing her mind. The dispute has involved legal proceedings in Alaska, California, and Texas.
The child, whom West calls "Gabriel" and the biological parents name "Rumi," was born on Aug. 12. He underwent the first of three required surgeries for HLHS on Monday, according to LifeNews. His condition remains critical and complex, and his attorney stated the parents are focused on his recovery.
Texas Attorney General Ken Paxton intervened prior to the birth, securing an emergency court order to ensure the baby received medically necessary care. His office also alerted Dallas hospitals to their obligations to provide life-saving treatment. The Department of Health and Human Services’ Office for Civil Rights also notified the hospitals of their obligations under federal disability law, barring discrimination based on disability.
West is continuing to pursue parental rights in Texas, with a hearing scheduled for Aug. 25 in Dallas County. The biological parents' attorney has called West's claims of custody "baseless" and in violation of court orders from Alaska and California.