Parents sue surrogate mother for $100,000 after she refuses abortion request

A surrogate mother in the United States is facing a $100,000 lawsuit from the biological parents after refusing their request to terminate the pregnancy due to a severe fetal heart defect. Nasheen Gilkar and Omar Ahmed filed a countersuit against surrogate McKenna West weeks before she gave birth to their child in Texas.

The agreement between the parties included a clause allowing for abortion if fetal problems were discovered. However, at approximately 20 weeks gestation, the baby was diagnosed with hypoplastic left heart syndrome, a rare and life-threatening congenital condition. When the intended parents requested termination, West refused.

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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

West traveled to Texas and gave birth to the baby on August 12, naming him Gabriel. The biological parents, however, insist his name is Rumi. Gilkar and Ahmed allege West breached their agreement and are seeking over $100,000 in damages, along with unspecified damages for what they describe as her "malicious, outrageous conduct." They deny threatening to force West to undergo an abortion.

West's lawyer, Lincoln Wilson, stated that the intended parents have not provided her with any support since she refused the abortion. West, who has had two previous pregnancies, believes the baby should live. "Every life matters. No woman should be forced to end the life of the baby she is carrying, including me … Baby Gabriel should receive a chance at life," she said. She is seeking parentage of the child, citing Texas law where birth determines parentage. However, reproductive law attorney Marla Neufeld suggests West has minimal legal claim to the child.

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Every life matters. No woman should be forced to end the life of the baby she is carrying, including me … Baby Gabriel should receive a chance at life