US Surrogate Sued for Over $100,000 After Refusing to Abort Baby With Heart Condition

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A surrogate mother in the United States is facing a lawsuit seeking more than $100,000 after she refused to terminate a pregnancy following the discovery of a serious heart condition in the unborn baby.

The biological parents, Nausheen Gilkar and Omar Ahmed, reportedly requested that surrogate McKenna Westterminate the pregnancy after doctors diagnosed the baby with hypoplastic left heart syndrome (HLHS), a rare and potentially life-threatening heart defect.

West refused to undergo the procedure and continued with the pregnancy, eventually giving birth to the baby boy in Texas on August 12, 2026.

The dispute has attracted significant attention in the US because it involves complex questions surrounding surrogacy contracts, parental rights, abortion and disability.

According to TMZ, Gilkar and Ahmed recently filed a countersuit against West, alleging that she breached the terms of their surrogacy agreement by refusing their request to terminate the pregnancy.

The couple is seeking more than $100,000 in damages, including compensation for what they described in court documents as West’s “malicious, outrageous conduct.”

They claim they had already paid West approximately $60,000 during the pregnancy under an agreement that reportedly contained provisions relating to pregnancy termination in certain circumstances.

The parents argue that West’s refusal constituted a breach of contract and caused them emotional distress.

Dispute Over Abortion Request

The controversy began around the 20th week of pregnancy, when doctors diagnosed the unborn child with HLHS.

According to information from the office of Texas Attorney General Ken Paxton, the biological parents asked West to terminate the pregnancy after receiving the diagnosis.

Previous court filings reported by The Texas Tribune indicate that the parents’ lawyers argued that West initially agreed to the abortion and even scheduled the procedure before later changing her mind.

The biological parents have denied forcing or threatening West to undergo an abortion.

West, meanwhile, has denied wrongdoing and is asking the court to dismiss the lawsuit against her.

Baby Undergoes Life-Saving Surgery

Since his birth, the baby—referred to as “Gabriel” by West and “Rumi” by his biological parents—has undergone the Norwood procedure, the first of three major surgeries commonly required for children born with HLHS.

The condition causes the left side of the heart to be severely underdeveloped, making it difficult for the heart to pump blood effectively throughout the body.

The Norwood procedure is considered a life-saving operation, although recovery can be lengthy and medically challenging.

The biological parents’ lawyer, Lee Budner, confirmed that the surgery had been performed and said the child’s condition remains serious.

Budner also argued that West’s continued efforts to obtain parental rights are “baseless” and contrary to previous court orders issued in Alaska and California.

Pro-Life Group Supports Surrogate

West has received legal and public support from the pro-life organisation Live Action, which has become involved in her legal battle.

The organisation’s founder, Lila Rose, criticised the lawsuit and defended West’s decision to continue the pregnancy.

She argued that West was being punished for refusing to terminate the pregnancy and said the case amounted to retaliation against the surrogate.

Rose also pointed to the baby’s survival and successful surgery as evidence of the importance of West’s decision.

Meanwhile, the biological parents have reportedly approved the child’s medical treatment and say their immediate focus is on helping him recover.

West is continuing to seek parental rights over the child in Texas, with another court hearing scheduled for August 25, 2026.

The case remains ongoing, and the competing claims by the biological parents and surrogate have yet to be finally determined by the court.

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