A surrogate mother in the United States, McKenna West, is being sued for over $100,000 (approximately ₦150 million) by the biological parents of the baby she carried after she refused to terminate the pregnancy. The baby, diagnosed with a severe heart condition, has since been born and successfully undergone the first of three major heart surgeries. The case has drawn national attention for raising complex legal questions about surrogacy agreements, parental rights, disability, and abortion.
Background of the Lawsuit
According to TMZ, biological parents Nausheen Gilkar and Omar Ahmed recently filed a countersuit against surrogate McKenna West, just weeks after she gave birth to the baby in Texas on August 12. The couple is demanding over $100,000 in damages, claiming West violated the surrogacy contract after refusing their request to abort the pregnancy when doctors discovered the unborn baby had hypoplastic left heart syndrome (HLHS), a rare and life-threatening heart defect. Court documents obtained by TMZ indicate the parents are seeking compensation for what they described as West's "malicious, outrageous conduct." They had already paid West $60,000 during the pregnancy under the surrogacy agreement, which reportedly contained provisions covering pregnancy termination under certain circumstances.
Surrogate's Refusal and Legal Counterclaims
The controversy began when the baby was diagnosed with HLHS at around 20 weeks of pregnancy. According to the office of Texas Attorney General Ken Paxton, the biological parents allegedly asked West to terminate the pregnancy after receiving the diagnosis. West refused. She later travelled to Texas, where she eventually gave birth to the baby boy on August 12. However, the biological parents have denied forcing or threatening her to have an abortion. According to previous court filings reported by The Texas Tribune, their lawyers argued that West had initially agreed to the abortion, even scheduling the procedure, before changing her mind. West has denied doing anything wrong and is asking the court to throw out the lawsuit against her.
Baby's Medical Condition and Surgery
Since his birth, the baby, called "Gabriel" by West and "Rumi" by his biological parents, has already undergone the Norwood procedure, the first of three complex surgeries usually needed for children born with HLHS. Doctors say children with the condition are born with an underdeveloped left side of the heart, making treatment extremely challenging. The surgery is considered life-saving but recovery can be long and complicated. The biological parents' lawyer, Lee Budner, confirmed that the operation was carried out and said the child's condition remains serious. He added that West's continued efforts to claim parental rights are "baseless" and violate previous court orders issued in Alaska and California.
Pro-Life Support and Criticism
Live Action founder Lila Rose publicly defended McKenna West and condemned the lawsuit during a press conference supporting the surrogate's custody battle. West has received support from pro-life organisation Live Action, which has been helping with her legal battle. Rose criticised the lawsuit in strong terms: "The people who ordered McKenna to abort this little boy because of his heart condition are now dragging her into court, trying to punish and financially ruin her for refusing to kill him, while demanding custody of the same child they ordered to be killed." She added: "This lawsuit is retaliation against a courageous woman who is barely a week postpartum after carrying this baby and fighting to save his life." Rose also argued that the baby's successful surgery proved West made the right decision: "This child is alive today and recovering from his first life-saving surgery because McKenna had the courage to say no. No contract can give one person the right to order the killing of another. Women are not incubators for hire, and children are not products to be discarded when they are sick."
Government Intervention and Ongoing Legal Battle
Before the child was born, Texas Attorney General Ken Paxton obtained an emergency court order to ensure the baby would receive medically necessary treatment immediately after delivery. His office also notified UT Southwestern Medical Center and Children's Medical Center Dallas that they were legally required to provide life-saving care. At the time, Paxton said: "The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves. My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's well-being." The US Department of Health and Human Services later reminded both hospitals of their obligations under federal disability laws, including rules preventing discrimination in medical treatment based on a patient's disability. Meanwhile, the biological parents eventually approved the baby's surgery and say their attention is now on helping him recover. The legal fight is far from over, though. West is still seeking parental rights over the child in Texas, with another court hearing scheduled for August 25.
