Nausheen Gilkar and Omar Ahmed, the biological parents of a child born through surrogacy, are now pursuing over $100,000 from McKenna West, the surrogate mother. They allege she breached the surrogacy agreement by refusing their request for an abortion. The couple’s countersuit states that they had paid West $60,000 under the agreement, which included provisions regarding pregnancy termination.
The legal battle unfolds across multiple states, with the child diagnosed with hypoplastic left heart syndrome (HLHS) while in utero. According to Texas Attorney General Ken Paxton’s office, Gilkar and Ahmed had requested West to terminate the pregnancy following the diagnosis. West, refusing the request, traveled to Texas, where she gave birth on August 12.
West denies any wrongdoing and seeks dismissal of the counterclaims. Meanwhile, Lila Rose, founder of the pro-life organization Live Action, has supported West, condemning the lawsuit. Rose stated that the legal action against West punishes her for saving a child’s life.
This child is now recovering after undergoing the first of three surgeries necessary for those diagnosed with HLHS, highlighting the importance of West’s decision to proceed with the pregnancy, according to Rose.
Gilkar and Ahmed argue in their court filings that West initially agreed to the abortion and even scheduled it before changing her decision. The parental rights dispute has continued in courts in Alaska, California, and Texas, with West asserting her parental rights while the biological parents have prevailed in significant proceedings.
The legal interventions persisted with Paxton securing an emergency order to ensure that the child, referred to as both Gabriel and Rumi by the parties, received the necessary medical care. This included notifying medical centers of their duties to provide life-saving treatments and adhere to federal disability law, preventing discrimination in medical services based on disability.
Despite the legal challenges, the parents authorized their son’s heart surgery, focusing on his recovery. West remains in pursuit of her parental rights with a hearing scheduled in Dallas County.
Attorneys have confirmed the surgery, indicating the child’s condition remains critical. Meanwhile, the Department of Health and Human Services’ Office for Civil Rights has emphasized compliance with disability law at the involved medical centers.