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Biological parents sue surrogate McKenna West for $100K for breaching contract, not aborting baby

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Last updated: August 19, 2026 11:44 am
amedpost
Published: August 19, 2026
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The biological parents of the child birthed by surrogate mother McKenna West are suing her more than $100,000 for keeping the baby rather than abort it at their request, according to a report.

Nasheen Gilkar and Omar Ahmed filed a countersuit against West, a 28-year-old nurse from Alaska, weeks before she gave birth in Texas to their baby, who was born with a serious and rare heart defect, TMZ reported.

They agreed to pay West $60,000 to carry their child — with an abortion clause that allowed them to terminate the pregnancy if there were issues with the fetus, according to the lawsuit.


McKenna West, a surrogate who refused to terminate her pregnancy, gave birth to a baby with a serious heart condition in Texas.
McKenna West, a surrogate who refused to terminate her pregnancy, gave birth to a baby with a serious heart condition in Texas. Alliance Defending Freedom

At around 20 weeks, the unborn child was diagnosed with hypoplastic left heart syndrome, a life-threatening medical condition — but West refused their request to abort it, and instead traveled to Texas, where she would be recognized as the birth mother under state law. 

The baby was born on Aug. 12. West named him Gabriel, but the biological parents insist his name is Rumi.

Gilkar and Ahmed are asking a judge to award them more than $100,000 in damages from McKenna for breaking the deal plus unspecified damages for her alleged “malicious, outrageous conduct.”

West had two previous pregnancies and was well aware of the journey, according to the lawsuit.

The intended parents denied they ever threatened to force McKenna to abort the baby.

West’s decision to keep the baby has ignited a national discussion on abortion and surrogacy — and has involved courts and officials in three states.

Gilkar and Ahmed “haven’t given [West] anything” since she declined to terminate the pregnancy, Lincoln Wilson, an attorney for West, told The Post.

The mother is preparing an all-out legal battle to become Gabriel’s legal parent.

“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,” Wilson said.

However, reproductive law attorney Marla Neufeld previously told The Post that the surrogate has virtually no legal claim to the child. 

 Hypoplastic left heart syndrome is a congenital heart defect that requires multiple surgeries and leaves survivors facing lifelong medical care and potentially serious health complications.

“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,” West said told The Post in a statement.

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