The biological parents of a boy with a heart defect are taking legal action against the surrogate mother, claiming she breached the surrogacy contract by not going through with an abortion as outlined in their agreement.
Nausheen Gilkar and Omar Ahmed are seeking over $100,000 in damages from McKenna West for allegedly failing to adhere to the terms of the contract. Additionally, they are pursuing an unspecified amount for what they describe as “malicious and outrageous acts.”
A copy of the surrogacy contract, which was obtained, seems to indicate an abortion clause that permits termination if the fetus is found to have abnormalities.
The contract specifies that the gestational carrier intends not to terminate the pregnancy unless, in the view of a physician approved by the intended parents or her own obstetrician, it poses a serious risk to her health. Moreover, any abortion would only be performed after all parties are notified, allowing for the possibility of a second medical opinion, except in urgent situations.
Furthermore, the agreement states that if the intended parents request an abortion due to fetal abnormalities as determined by their designated physician, the gestational carrier must comply with that request in writing.
Birth parents sue surrogate mother McKenna West for $100,000, not for aborting the baby, but for breach of contract https://t.co/kiwI1Kv0VL pic.twitter.com/l87RBpYEOX
— New York Post (@nypost) August 19, 2026
Reports indicate that West, a nurse from Alaska, went to Texas after her baby was diagnosed with hypoplastic left heart syndrome (HLHS) at 20 weeks of pregnancy because the biological parents urged her to terminate the pregnancy. The child, named Gabriel by West, is expected to need critical treatment right after birth. (Related: Texas court rules babies with heart defects must receive medical treatment amid legal battle between surrogate mother and parents)
West gave birth to the child on August 12 in Texas. Reports also mention that the child, whom the biological parents decided to call Rumi, underwent surgery on August 17, according to the parents’ attorney, Lee Budner.
The couple has denied claims that they pressured West into terminating the pregnancy.
Budner mentioned that West is reportedly also seeking custody of the child.
