Surrogate Sues Parents Over Born-Alive Defective Baby

A surrogate mother who chose to carry a baby born with a severe heart defect instead of terminating the pregnancy has found herself in court against the biological parents. The couple now holds custody of the child, yet they are suing McKenna West for damages exceeding $100,000. They describe her actions as malicious and outrageous conduct that broke their agreement.

Nausheen Gilkar and Omar Ahmed hired West from California to carry their son. She signed a standard contract containing a specific clause requiring abortion if an anomaly was detected. During the 20-week scan, doctors found hypoplastic left heart syndrome in the fetus. This life-threatening condition meant no blood flowed through the left side of the baby's heart.

The parents paid West $60,000 for the service and demanded she abort the child upon this diagnosis. West refused. She packed her belongings and moved to Texas immediately after learning about the defect there. Her decision was driven by a belief that state laws in Texas would protect the infant. The baby arrived on August 12. He is currently named Rumi and lives with Gilkar and Ahmed, who are working with medical teams to provide necessary care.

Legal filings released by TMZ and the New York Post offer more detail on the dispute. West's attorney, Lincoln Wilson, stated that the couple has given her nothing since she decided to keep the child. The biological parents claim they never threatened her or coerced an abortion. Instead, they say she caused them emotional distress by defying their wishes.

West is preparing to file a counter-suit to establish legal parentage for the boy. Wilson explained that because West gave birth in Texas, she believes state law makes her the child's mother automatically. This stance created a nationwide controversy when she announced her plan to move forward with the pregnancy despite the risks.

A doctor initially told West something was seriously wrong with the baby's heart before a specialist confirmed the diagnosis of hypoplastic left heart syndrome. The condition is often treatable with surgery soon after birth. Even so, the parents insisted on termination. West admitted she voiced concerns to Worldwide Surrogacy Specialist in Connecticut about the contract clause regarding anomalies. That agency noted such situations are rare. Ultimately, the couple ordered her to terminate the pregnancy once the defect was confirmed.

Instead of giving up, West moved to Texas hoping to secure life-saving care for the baby. She asked the agency if she could pay some costs so the couple would not abort him and told his parents that survivors exist with this condition. Ahmed told her they had already taken a 12-week ultrasound from their fridge at home and said she could mail the 20-week images, but only to him on the envelope. West found out a Dallas hospital has a 100 percent success rate recently for the first of three surgeries an affected baby needs right after birth. She told the surrogacy agency she would live with a friend in Texas to lower costs, yet a liaison said the biological parents remained worried about the baby's future quality of life. West was ordered officially to have an abortion on the Monday following the diagnosis. At 24 weeks pregnant during that procedure, she wrote in court documents that she was appalled doctors would inject the baby with a solution to stop his heart before he is literally ripped apart and dismembered as he leaves her uterus, Live Action reported. A nurse told West she reached out to her friend, podcaster Ellen Fisher, who previously welcomed Live Action founder Lila Rose as a guest on her podcast. Within hours, West got a text from Fisher saying Rose would help them get to Texas to meet the doctors who could save the child's life. West called the child Baby Gabriel, but his parents legally named him Rumi and hold custody of him. Just one day before birth, West won a legal victory after petitioning a family district court in Dallas to let the child stay and receive potentially life-saving care. Texas Attorney General and Senate candidate Ken Paxton supported her efforts by submitting a brief arguing state law requires physicians to 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 treatments for his condition. That legal win came with one major drawback for West: she is now forbidden from having any contact with the baby after birth, according to Rose. The child has since undergone the Norwood procedure, a major heart surgery, with support from his parents, 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.