The biological parents of a baby who was born with a heart defect are suing the surrogate mother who refused their direction to abort the child, it has been reported.
Alaska woman, McKenna West, entered into a contract with Californians Nausheen Gilkar and Omar Ahmed to be paid $60,000 to give birth to the couple’s child.
The case of West has drawn international attention and controversy over surrogacy and abortion after it came to light that the unborn child she was carrying was diagnosed with a severe but treatable heart condition. After West reportedly fled to Texas to protect the unborn child from abortion, she gave birth to a son, calling him Gabriel.
Now it has been reported that Gilkar and Ahmed have filed a lawsuit against West claiming $100,000 in damages for breach of contract. Although West had filed for custody of the child the couple wished to have aborted, they are now seeking custody of him.
The parents now call the infant ‘Rumi’ and have agreed to allow him to undergo the first in a series of surgeries to treat his condition.
Case background
In late 2025, West, a nurse and single mother of two, became a surrogate through IVF. At the 20-week anatomy scan, the unborn baby was diagnosed with a rare condition known as hypoplastic left heart syndrome (HLHS).
Despite assurances from specialists involved regarding the good chance of survival once the necessary surgeries are performed after birth, and McKenna discovering a hospital in Dallas with a 100% success rate for these surgeries, she says the commissioning couple tried to insist on abortion — as per a clause in the contract McKenna signed.
McKenna was scheduled for a 24-week abortion in May of this year, but could not bring herself to do it. Her brother offered to do whatever it takes to support her and the baby. McKenna has also filed for custody of the baby at that stage of the pregnancy.
As a result, McKenna is being sued by the couple who hired her for refusing the abortion, and has stopped receiving payments from them to support her during these late stages of pregnancy. She is also being ordered to repay the couple every cent that has been paid to her thus far.
McKenna has stated that her goal is for the couple to commit to getting baby Gabriel the necessary surgery after his birth, which she said they refused. Instead, they have filed a lawsuit to require her to give birth in California, which means baby Gabriel will receive medical care from a team of the couple’s choosing. Knowing that their desire was for the little boy to be aborted, and believing that there was no commitment to providing him with the potentially life-saving surgeries he deserves, McKenna said she refused to deliver the baby in California.
The Alaska Superior Court denied a motion to force McKenna to relocate to California for the delivery of the child, but at the same time recognised that a California court can determine where she gives birth and the medical team that treats her and baby Gabriel.
Texas AG issues statement
Several US legislators publicly supported McKenna West and the right to life of baby Gabriel, including Texas Attorney General, Ken Paxton.
On X, the US public official shared a statement on the matter, with the clear intention of “fighting to save an unborn child”, and “demanding that Dallas hospitals provide life-saving care” to baby Gabriel.
He has asked the district court to enter orders directing baby Gabriel’s care upon birth and barring his removal from Texas, as well as asking for an expedited hearing on the issue of refusing treatment.
The Texas A.G. has also sent a letter to UT Southwestern and Dallas Children’s Hospital, with the goal of reminding the relevant physicians of their legal duty to give Gabriel life-saving treatment, regardless of who is given legal custody over the boy, even if that means acting in the best interests of baby Gabriel without parental consent or a court order.
U.S. Congressman Chris Smith also released a statement sharing his support for McKenna, and calling for baby Gabriel to receive the necessary surgeries.
“Ms West has demonstrated heroic courage and love for this baby. According to reports, despite the threat of financial ruin, she refused to abort the baby boy, filed for custody, and relocated to Texas near a hospital that is equipped to begin treatment for his condition after he is born. Ms. West stated, ‘I want to fight for him because he deserves that chance’ and ‘my goal is to get him surgery.’
“We must remain committed to building a nation that values human life, insists upon equal justice under the law, and respects the rights and dignity of the disabled and vulnerable. The Courts should immediately give custody of this baby to those willing to welcome him, protect him, and ensure that he has a chance to receive care that could save his life,” he said.
Parts of this article were previously published by the Life Institute.