Surrogate sued for over $100,000 after refusing abortion request in Texas case

Biological parents Nausheen Gilkar and Omar Ahmed have filed a countersuit in Texas seeking more than $100,000 from surrogate McKenna West, claiming she breached their surrogacy contract by refusing to abort a fetus diagnosed with hypoplastic left heart syndrome. The couple says they paid West $60,000 for the pregnancy, which included provisions for termination, and allege emotional distress caused by her refusal.

The baby, born on Aug. 12, was diagnosed at about 20 weeks with the congenital heart defect. West declined the parents’ request for an abortion and later traveled to Texas to give birth. The child, referred to as Gabriel by West and Rumi by the parents, underwent a Norwood procedure, the first of three surgeries typically required for the condition.

West has denied any wrongdoing and asked the court to dismiss the counterclaims. The parents’ attorney, Lee Budner, said the child’s condition remains critical and that West’s ongoing custody claims violate prior court orders in Alaska and California.

Texas Attorney General Ken Paxton obtained an emergency court order before the birth to ensure the infant received necessary medical care and later affirmed the decision to protect the child’s life. The Department of Health and Human Services’ Office for Civil Rights also reminded Dallas hospitals of their obligations under federal disability law.

Live Action, a pro-life organization, issued a statement condemning the lawsuit, describing it as retaliation against West for refusing to abort the baby. The organization’s founder, Lila Rose, said the child’s survival “underscores why West was right to refuse the abortion.”

A hearing on West’s request for parental rights in Dallas County is scheduled for Aug. 25.