A lawsuit involving surrogate McKenna West is a high-profile legal battle centered on a surrogacy contract dispute, parental rights, and an abortion clause. The conflict intensified after West, a cardiac nurse from Alaska, refused a request by the biological parents, Nausheen Gilkar and Omar Ahmed of Los Angeles, to abort the baby after a 20-week ultrasound revealed potentially life-threatening heart condition known as hypoplastic left heart syndrome (HLHS). [1, 2, 3, 4]
The primary components of the ongoing multi-state legal battle include:
The Biological Parents' Lawsuit
- Breach of Contract: The intended parents are suing West for breaching their surrogacy agreement, which contained a specific clause permitting them to terminate the pregnancy in the event of severe medical issues. [1, 2]
- Financial Damages: The couple is seeking over $100,000 in damages (with some reports indicating up to $250,000), citing the return of $60,000 paid to her during the pregnancy and compensation for emotional distress. [1, 2, 3]
- "Malicious, Outrageous Conduct": The lawsuit filed by the parents accuses West of intentional and outrageous behavior, claiming she ghosted them and weaponized the situation into a political spectacle. West has denied all claims of wrongdoing. [1, 2, 3, 4, 5]
The Custody and Parentage Battle
- Flight to Texas: To avoid the abortion pressure and ensure the child would be born, West traveled to Texas to give birth, believing Texas laws would favor her parental rights as the birth mother. [1, 2]
- Texas State Intervention: Texas Attorney General Ken Paxton intervened in the case, securing a court order forcing local hospitals to provide immediate, life-sustaining medical care to the child upon birth. [1, 2]
- Restraining Order and Separation: The child—whom West named Gabriel and the biological parents named Rumi—was born in Dallas. Within minutes of the birth, a temporary restraining order gave full physical custody and medical decision-making authority to the biological parents. West was legally barred from seeing or holding the infant. [1, 2, 3, 4, 5, 6]
- Current Status: The baby has already undergone his first complex heart surgery and remains under the care of his biological parents. However, West is actively fighting the restraining order and filing counter-petitions in Texas, Alaska, and California courts to establish legal parentage and regain access to the child. [1, 2, 3, 4, 5]
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