A 28-year-old surrogate mother in the United States is facing legal action from the biological parents of a baby she carried after refusing their request to terminate the pregnancy following the discovery of a serious heart defect.
According to a report by TMZ on Thursday, Nasheen Gilkar and Omar Ahmed filed a countersuit against the surrogate, McKenna West, weeks before she gave birth to the baby in Texas.
Court documents reportedly state that Gilkar and Ahmed agreed to pay West $60,000 to carry the pregnancy, with their surrogacy agreement containing an abortion clause that permitted termination if a serious foetal abnormality was detected.
At about 20 weeks into the pregnancy, however, the baby was diagnosed with hypoplastic left heart syndrome, a rare and potentially life-threatening congenital heart condition.
The intended parents subsequently asked West to terminate the pregnancy, but she declined.
West later travelled to Texas, where she gave birth to the baby on 12 August. She named the child Gabriel, while the biological parents have said they want him to be named Rumi.
Gilkar and Ahmed are seeking more than $100,000 in damages, alleging that West breached the terms of their agreement. They are also seeking unspecified damages over what they described in their legal action as her “malicious, outrageous conduct”.
The couple, however, denied ever threatening to force West to undergo an abortion.
West’s lawyer, Lincoln Wilson, said the intended parents had not provided financial or other support to his client since she refused to terminate the pregnancy.
The dispute has now escalated into a legal battle over the child’s custody and parentage.
Wilson told The Post that West was seeking parentage of the child because she gave birth in Texas, where he argued that a woman who gives birth is recognised as the child’s mother.
However, reproductive law attorney Marla Neufeld previously told The Post that West had virtually no legal claim to the child.
West, who had previously been pregnant twice, said she believed the baby should be given the opportunity to live despite his diagnosis.
“Every life matters. No woman should be forced to end the life of the baby she is carrying — including me,” she said, adding that Gabriel should “receive a chance at life”.
Hypoplastic left heart syndrome affects the left side of the heart and can require several major surgeries. Children who survive treatment may require lifelong medical monitoring and can face serious health complications.
