A surrogate who refused to terminate a pregnancy after the fetus was diagnosed with a severe heart defect is now facing a lawsuit from the biological parents, who are seeking over $100,000 in damages. Nausheen Gilkar and Omar Ahmed, the intended parents from California, filed the suit against surrogate McKenna West, alleging "malicious, outrageous conduct" and a breach of their contract.
West, 28, signed an agreement that included a clause requiring an abortion in the event of a fetal anomaly. At a 20-week scan, she learned the fetus had hypoplastic left heart syndrome, a life-threatening condition. The parents, who had paid West $60,000, instructed her to terminate the pregnancy. West refused and relocated to Texas, seeking to protect the child under the state's laws.
The baby, originally named "Baby Gabriel" by West and later named Rumi by his parents, was born on August 12 and is now in the custody of Gilkar and Ahmed. Their lawsuit claims West, experienced in pregnancies, should have anticipated potential complications. The couple also denied threatening West to coerce an abortion and stated they suffered emotional distress due to her actions.
West's attorney, Lincoln Wilson, stated that the couple has not provided financial support to West since she kept the child. West is preparing her own legal challenge to establish parentage in Texas, asserting that birth in the state grants parental rights.
The case gained national attention when West announced her decision to continue the pregnancy. A nurse by profession, West was informed by a doctor that the baby's heart had a severe defect. A maternal-fetal medicine specialist later diagnosed hypoplastic left heart syndrome, a condition often treatable with early surgery.
West expressed concerns about the abortion clause to the surrogacy agency, Worldwide Surrogacy Specialist, but was told such situations were rare. She reportedly offered to help financially support the child's care to prevent an abortion and shared information about individuals surviving with the condition. However, the biological parents expressed concerns about the child's future quality of life.
West stated in court documents that she was appalled by the prospect of a late-term abortion procedure. Her case received support from Ellen Fisher, a podcaster, and Lila Rose, founder of Live Action, who assisted West in connecting with medical professionals in Dallas known for successful surgeries for this condition. West intended to relocate to Texas to mitigate costs for the parents.
Shortly before the birth, West obtained a legal order in a Dallas family court that allowed the child to remain in Texas for potential life-saving care. Texas Attorney General Ken Paxton submitted a brief supporting West's position, arguing that state law mandates medically necessary treatment. An associate judge issued a temporary restraining order preventing obstruction of the infant's treatment and appointed a legal guardian.
However, this legal victory came with the condition that West would have no contact with the baby after birth. The child has since undergone the Norwood procedure, a significant heart surgery, with the support of his parents. According to the parents' attorney, Lee Budner, the child is recuperating under the care of his parents and medical staff. The family has stated they will share no further updates on Rumi's condition, citing its critical and complex nature, and their need for privacy during his recovery.