In an unusual twist to a surrogacy arrangement, the biological parents of a child born in Texas are accusing their surrogate of breaching their contract after she declined to proceed with an abortion. They are seeking damages that surpass $100,000.
According to a report by TMZ released Wednesday, Nausheen Gilkar and Omar Ahmed filed a countersuit against McKenna West shortly before her delivery on August 12. The lawsuit, submitted within Texas’s jurisdiction, argues that West’s decision contravenes their prior agreement.
Gilkar and Ahmed claim West’s actions breached the terms of their surrogacy contract and inflicted emotional distress. They demand a payout exceeding $100,000, alongside undisclosed reparations for what they describe as her “inhuman and outrageous behavior.”
The legal documents further reveal that the couple disbursed $60,000 to West throughout the pregnancy. This payment fell within the parameters outlined in their agreement, which purportedly covered provisions for pregnancy termination. They assert that West contravened these terms, leading to significant emotional turmoil.
McKenna West, the surrogate embroiled in this legal saga, relocated to Texas following the alleged insistence by the child’s biological parents to terminate the pregnancy. (Live Action)
The filing comes after the pregnancy became the subject of a multistate legal fight. The baby was diagnosed around 20 weeks with hypoplastic left heart syndrome (HLHS), a severe congenital heart defect. Gilkar and Ahmed allegedly asked West to terminate the pregnancy after the diagnosis, according to Texas Attorney General Ken Paxton’s office. West refused and later traveled to Texas to give birth.
West denies wrongdoing and is asking the court to dismiss the counterclaims, TMZ reported Wednesday.
Live Action founder and president Lila Rose, whose pro-life organization has been working with West, sharply condemned the lawsuit in a statement to News Media.
“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,” Rose told News Media. “This lawsuit is retaliation against a courageous woman who is barely a week postpartum after carrying this baby and fighting to save his life.”
The biological parents have disputed allegations that they threatened or tried to force West to terminate the pregnancy. The Texas Tribune previously reported that, in a court filing, their attorneys claimed West initially agreed to terminate and made the appointment before later changing her mind.
The dispute has since played out in Alaska, California and Texas, with West asserting parental rights and the biological parents prevailing in key parentage proceedings. West calls the baby “Gabriel,” while Gilkar and Ahmed call their son “Rumi.”
The child was born Aug. 12. LifeNews reported Tuesday that he underwent a Norwood procedure Monday, the first of three surgeries typically required for children with HLHS.
Rose said the baby’s survival underscores why West was right to refuse the abortion.
“This child is alive today and recovering from his first life-saving surgery because McKenna had the courage to say no,” Rose said. “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.”
“McKenna acted heroically to save the baby boy she carried, and Live Action will continue to stand with her and defend the dignity and right to life of every child,” she added.
Attorney Lee Budner, who represents Gilkar and Ahmed, confirmed the procedure in a statement reported by LifeNews and said the child’s condition “remains critical and complex.” Budner has also called West’s continuing claims of custody “baseless” and said they violate court orders in Alaska and California.
Texas Attorney General Ken Paxton secured an emergency court order requiring medically necessary care for the baby. (Brandon Bell/Getty Images)
The fight over the baby’s medical care also drew intervention from state and federal officials. Paxton secured an emergency court order before the birth requiring that medically necessary care not be delayed or obstructed. His office also notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of their obligations to provide life-saving treatment.
“The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves,” Paxton said at the time. “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. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
The Department of Health and Human Services’ Office for Civil Rights later notified the two Dallas hospitals of their obligations under federal disability law, including requirements barring discrimination in medical treatment based on a patient’s disability.
The parents ultimately authorized the heart surgery, and their attorney has said they are focused on their son’s recovery.
West continues to seek parental rights in Texas. A hearing in the Dallas County case is scheduled for Aug. 25.
News Media reached out to Budner and Paxton’s office for comment on the biological parents’ counterclaims.