Friday, August 21, 2026 - A surrogate mother in the US is being sued for over $100,000 after refusing to abort a baby diagnosed with a serious heart condition.
The biological parents of the baby wanted the child
aborted after the health condition was discovered while the baby was still in
the womb.
However, the surrogate refused to terminate the pregnancy
and carried to term before eventually giving birth on August 12, 2026.
The case has attracted attention across the US because it
raises difficult questions about surrogacy agreements, parental rights,
disability and abortion.
According to TMZ, the 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.
The couple claims 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.
In court documents obtained by TMZ, the parents are
demanding more than $100,000 in damages. They also want compensation for what
they described as West's "malicious, outrageous conduct."
According to the filing, they had already paid West $60,000
during the pregnancy under the surrogacy agreement, which reportedly contained
provisions covering pregnancy termination under certain circumstances.
They argue that West broke the contract and caused them
emotional distress.
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 asked West to terminate the pregnancy after
receiving the diagnosis.
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.
Since his birth, the baby, called "Gabriel" by
West and "Rumi" by his biological parent, 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.
West has received support from pro-life organisation Live
Action, which has been helping with her legal battle.
Its founder, Lila 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 k!ll him, while demanding
custody of the same child they ordered to be k!lled," Rose said.
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," 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."
Meanwhile, the biological parents eventually approved the
baby's surgery and say their attention is now on helping him recover.
West is still seeking parental rights over the child in
Texas, with another court hearing scheduled for August 25.
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