The surrogate who refused to abort a baby after he was diagnosed with a heart defect is now being sued by the infant’s biological parents, according to a new report.
Nausheen Gilkar and Omar Ahmed, a couple from California, have slapped their surrogate McKenna West, 28, with a lawsuit over her ‘malicious, outrageous conduct,’ TMZ reported.
The suit, which was filed against West weeks before she gave birth to the child, has asked a judge to award Gilkar and Ahmed over $100,000 in damages from West for breaching the contract she signed with them.
When West agreed to carry the baby, whom she named ‘Baby Gabriel’, she signed a contract that had a clause specifying that she would have to abort the baby in the event of an ‘anomaly.’
At her 20-week scan, West learned that the then-unborn infant had hypoplastic left heart syndrome – a life-threatening medical condition.
The parents – who paid West $60,000 to carry their child – told her she would have to terminate the pregnancy, but West refused, packed up her bags, and relocated to Texas in a bid to protect the child under state law.
The baby was born on August 12 and is currently in Gilkar and Ahmed’s custody. They have named the boy Rumi and are now working with medical professionals to ensure he receives the care he needs.
Gilkar and Ahmed claim that West is no stranger to pregnancies and knew that complications could arise, the legal filing stated, per the outlet.
McKenna West, the surrogate who refused to abort the child she was carrying, has been sued by the baby boy’s biological parents
They have also denied threatening the surrogate to try to force her to go through with the abortion and said they have suffered emotional distress as a result of her actions.
The couple ‘haven’t given [West] anything’ since she decided to keep the child, Lincoln Wilson, West’s attorney, told the New York Post.
She is now getting ready to launch her own legal battle against the couple so she can become the child’s legal parent, Wilson shared.
‘She is seeking parentage of the child because she gave birth in Texas, and in Texas, if you give birth to a child, it’s your child,’ he explained to the outlet.
When West publicly announced she was going to move forward with the pregnancy, her case instantly became a controversial talking point across the country.
West, a nurse from Alaska, was told by a doctor that ‘there was something really wrong with the baby’s heart’ because no blood was flowing through the left side, she previously said.
West was then referred to a maternal-fetal medicine doctor, who diagnosed the baby with hypoplastic left heart syndrome. This condition can often be remedied with surgery immediately after birth.
But that’s when the child’s biological parents first brought up aborting the child – something West was not on board with.
Although she signed the contract, West said she expressed concern to the Connecticut-based Worldwide Surrogacy Specialist about the clause, but the agency told her a situation like that is rare.
Nausheen Gilkar and Omar Ahmed told her she would have to terminate the pregnancy after the infant was diagnosed with a heart defect. Instead, West relocated to Texas in a bid to get life-saving care for the baby
She went on to ask the agency if she could help financially assist the couple regarding care for their child so they wouldn’t abort him, and told his parents she’s heard of people surviving with the condition.
Despite her best efforts, Ahmed told West he and his wife had already removed the baby’s 12-week ultrasound from their fridge at home and told her she could mail the 20-week images – but to address the envelope only to him.
Upon researching more about the heart condition, West found out a hospital in Dallas has had a 100 percent success rate in recent years with the first of three surgeries an affected baby would need right after birth.
She then told the surrogacy agency that she would live with a friend in Texas to mitigate the costs for the couple, but a liaison for the agency said the biological parents were still concerned about the baby’s future quality of life.
West was told to officially undergo an abortion the Monday after the diagnosis.
As she would be 24-weeks pregnant at the time of the abortion, West said in court documents that she was appalled at the idea that doctors would inject the baby with ‘a solution that will stop his heart and then he’ll be literally ripped apart and dismembered as he’s taken from [her] uterus,’ Live Action reported.
A nurse then told West that she reached out to her friend, podcaster Ellen Fisher, who previously welcomed Live Action founder and president Lila Rose as a guest on her podcast.
Within hours, West received a text message from Fisher saying Rose would help her and her children get to Texas to meet with the doctors who could save the baby’s life.
West called the child ‘Baby Gabriel,’ but the baby’s parents have legally named him Rumi. They also have custody of the baby
Just a day before the baby was born, West secured a legal victory in her case after she petitioned a family district court in Dallas to allow the child to remain and receive potentially life-saving care.
West was supported in her efforts by Texas Attorney General and Senate candidate Ken Paxton, who submitted a brief arguing that state law requires that physicians provide medically necessary treatment.
Less than 24 hours later, an associate judge issued a temporary restraining order preventing anyone from withholding or obstructing the infant’s necessary treatment.
The judge also appointed a legal guardian to ensure the child receives all of the necessary treatments for his condition.
The legal win did come with one major drawback for West, who is now forbidden from having any contact with the baby after his birth, according to Rose.
The child has since undergone the Norwood procedure, a major heart surgery, with his parents’ support, their attorney, Lee Budner, previously shared.
Budner said the child ‘is now recuperating under the loving care of his parents and his heroic team of doctors, nurses and medical staff.’
‘This is the last update on Rumi’s health that his family intends to share. His condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery,’ Budner added.
The Daily Mail approached Budner and Wilson for comment.
