The biological parents of a baby born through surrogacy are pursuing more than $100,000 from the woman who carried the child, claiming she violated their surrogacy contract after declining their request to end the pregnancy.
According to a Wednesday report from TMZ, the outlet obtained a countersuit filed by Nausheen Gilkar and Omar Ahmed against surrogate McKenna West. The legal filing was submitted weeks before West delivered the baby in Texas on Aug. 12.
In the countersuit, the couple is asking for damages exceeding $100,000 over an alleged breach of the surrogacy agreement, as well as additional, unspecified compensation tied to what they describe as West’s “malicious, outrageous conduct.”
Gilkar and Ahmed allege they paid West $60,000 over the course of the pregnancy as part of a surrogacy arrangement that, TMZ reported, included language related to pregnancy termination. Their counterclaims accuse West of violating the agreement and causing them emotional distress.
Surrogate mother McKenna West who fled to Texas after her baby’s birth parents allegedly asked her to abort the child. (Live Action)
The dispute has grown into a multistate legal battle following a serious prenatal diagnosis. Around 20 weeks into the pregnancy, the baby was diagnosed with hypoplastic left heart syndrome, or HLHS, a rare and severe congenital heart defect. According to the office of Texas Attorney General Ken Paxton, Gilkar and Ahmed allegedly asked West to terminate the pregnancy after learning of the diagnosis. West refused and later went to Texas to give birth.
West has denied any wrongdoing and is seeking to have the counterclaims thrown out, TMZ reported Wednesday.
Lila Rose, founder and president of the pro-life group Live Action, which has been assisting West, strongly criticized the lawsuit in a statement to News Outlet.
“The people who ordered McKenna to abort this little boy because of his heart condition are now dragging her into court, trying to punish and financially ruin her for refusing to kill him, while demanding custody of the same child they ordered to be killed,” Rose told News Outlet. “This lawsuit is retaliation against a courageous woman who is barely a week postpartum after carrying this baby and fighting to save his life.”
The biological parents have disputed allegations that they threatened or tried to force West to terminate the pregnancy. The Texas Tribune previously reported that, in a court filing, their attorneys claimed West initially agreed to terminate and made the appointment before later changing her mind.
The dispute has since played out in Alaska, California and Texas, with West asserting parental rights and the biological parents prevailing in key parentage proceedings. West calls the baby “Gabriel,” while Gilkar and Ahmed call their son “Rumi.”
The child was born Aug. 12. LifeNews reported Tuesday that he underwent a Norwood procedure Monday, the first of three surgeries typically required for children with HLHS.
Rose said the baby’s survival underscores why West was right to refuse the abortion.
“This child is alive today and recovering from his first life-saving surgery because McKenna had the courage to say no,” Rose said. “No contract can give one person the right to order the killing of another. Women are not incubators for hire, and children are not products to be discarded when they are sick.”
“McKenna acted heroically to save the baby boy she carried, and Live Action will continue to stand with her and defend the dignity and right to life of every child,” she added.
Attorney Lee Budner, who represents Gilkar and Ahmed, confirmed the procedure in a statement reported by LifeNews and said the child’s condition “remains critical and complex.” Budner has also called West’s continuing claims of custody “baseless” and said they violate court orders in Alaska and California.
Texas Attorney General Ken Paxton secured an emergency court order requiring medically necessary care for the baby. (Brandon Bell/Getty Images)
The fight over the baby’s medical care also drew intervention from state and federal officials. Paxton secured an emergency court order before the birth requiring that medically necessary care not be delayed or obstructed. His office also notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of their obligations to provide life-saving treatment.
“The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves,” Paxton said at the time. “My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
The Department of Health and Human Services’ Office for Civil Rights later notified the two Dallas hospitals of their obligations under federal disability law, including requirements barring discrimination in medical treatment based on a patient’s disability.
The parents ultimately authorized the heart surgery, and their attorney has said they are focused on their son’s recovery.
West continues to seek parental rights in Texas. A hearing in the Dallas County case is scheduled for Aug. 25.
News Outlet reached out to Budner and Paxton’s office for comment on the biological parents’ counterclaims.
