Biological parents are suing their surrogate, McKenna West, for $100,000 after she refused to terminate the pregnancy as per their agreement, according to court documents. The case, filed in a state court, centers on a surrogacy contract that allegedly included a clause requiring abortion if fetal abnormalities were detected. West, who carried the child to term, gave birth to a healthy baby girl, but the parents now seek damages for breach of contract and emotional distress.
The Surrogacy Agreement and Dispute
The couple, identified as John and Jane Doe, entered into a surrogacy arrangement with West in 2024, paying her a base fee of $30,000 plus medical expenses. The contract, reviewed by the court, reportedly stipulated that West would undergo an abortion if prenatal testing revealed severe genetic defects. When tests showed a high risk of a chromosomal abnormality, the parents requested termination, but West refused on moral grounds, citing her religious beliefs. The baby was born in March 2026 without any serious health issues, according to medical records.
West's attorney, Sarah Johnson, stated, "McKenna acted in good faith, believing the contract's abortion clause was unenforceable under state law. She never intended to harm the parents, but she could not violate her conscience." The parents' lawyer, Mark Thompson, countered, "The contract was clear, and her refusal caused significant emotional and financial strain. They are entitled to compensation for the breach."
Legal and Ethical Implications
The lawsuit raises questions about surrogacy laws and reproductive rights. Legal experts note that while surrogacy contracts are binding in many states, clauses mandating abortion are often subject to public policy exceptions. Professor Linda Hartley of Georgetown University Law Center said, "Courts typically weigh contractual obligations against constitutional privacy rights. This case could set a precedent for surrogacy agreements nationwide." The parents seek $100,000 in damages, including $50,000 for emotional distress and $50,000 for medical costs and legal fees.
West has countersued for $25,000, claiming the parents breached the contract by refusing to accept the child after birth. The baby is currently in temporary foster care pending a custody hearing, according to court filings. The case has attracted national attention, with advocacy groups on both sides of the abortion debate monitoring proceedings.
Impact on the Family and Next Steps
The biological parents have not publicly commented, but court documents indicate they are pursuing full custody of the child. West, who has two children of her own, said in a statement, "I love this baby like my own, but I want what's best for her. I hope the court does the right thing." A trial date is set for October 2026, with mediation scheduled for September. The outcome could influence future surrogacy contracts and the enforceability of abortion clauses, affecting thousands of families using assisted reproductive technology.
