Biological parents take further legal action against surrogate who refused to abort baby despite their request
The biological parents of a baby who was born after a surrogate mother refused an abortion have now taken things one step further legally.
According to TMZ, Nausheen Gilkar and Omar Ahmed have filed a substantial countersuit against Alaskan nurse McKenna West.
It's alleged that West refused to have an abortion after Gilkar and Ahmed requested it, after the trio found out that the baby was suffering from a health defect at the 20 week scan.
That's despite West allegedly having signed a surrogacy contract, which stated that the couple could request a termination if a medical 'anomaly' was found.
Advert
The baby boy, who has been named both 'Gabriel' and 'Rumi' by the opposing sides, was diagnosed with a life-threatening heart condition called hypoplastic left heart syndrome (HLHS).
McKenna West, a nurse from Alaska, is now being sued by the baby's biological parents (ABC7 News)
'Outrageous conduct'
West fled to Texas, with her lawyer saying this was because the US state would see the baby as hers since she gave birth to him.
Now, it is being reported that Gilkar and Ahmed have sued West for a six-figure sum in damages, due to what they have called 'outrageous conduct'.
According to the suit, West was paid $60,000 (£44,000) to be the surrogate for the couple and to carry the baby.
They are now asking the judge for over $100,000 (£73,300) in damages, plus an additional undisclosed sum for the alleged 'malicious, outrageous conduct', according to court documents seen and verified by TMZ.
The couple also claim they have suffered emotional distress due to West's actions.
They had previously filed for a restraining order, preventing West from having any contact with the baby.
Gilkar and Ahmed insist that West had agreed to have the termination and had booked the initial appointment for it, before cutting off contact and heading to Texas.
The countersuit also alleged that as West had two previous successful pregnancies, she was 'well aware of the journey' involved.
The biological parents have also denied ever threatening to force West to go through with the abortion.
They have named the baby Rumi, while West insists he is called Gabriel.
He has already undergone one essential heart surgery, called a Norwood procedure, following his birth.
It is expected that he will require multiple surgeries throughout childhood to attempt to rectify the heart condition.
'Every life matters'
Lincoln Wilson, an attorney for West, told The New York Post that his client 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'.
The surrogate insists she saved the baby's life by heading to the state.
West told the outlet: "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."
Lee Budner, Gilkar and Ahmed's attorney, told CBS News: "Right now, our clients are continuing to place their baby’s health and well-being first, following the advice of the baby’s medical team, as they always have and just as any loving parent would."
The case continues.
LADbible Group has contacted McKenna West's and Nausheen Gilkar and Omar Ahmed’s legal representatives for comment.
A timeline of McKenna West’s surrogacy legal battle
February 2025
McKenna West, a nurse from Alaska, applies to be a surrogate for Worldwide Surrogacy in order to make extra income for her family.
August 2025
West signs a surrogacy agreement with Omar Ahmed and Nausheen Gilkar, from California. She says the contract she signed required her to undergo an abortion in the event of an ‘anomaly’.
Early 2026
After falling pregnant via IVF, West, Ahmed and Gilkar learn during West’s 20 week scan that the baby has hypoplastic left heart syndrome (HLHS) - a serious but survivable condition.
Legal filings from Ahmed and Gilkar’s lawyers read (via AP): “After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy.
“It is undisputed that West initially agreed and that she herself made the initial appointment.”
But West tells Live Action News: “I knew that I didn't want to have to go through [an abortion]. I didn't want for this baby - for his life to be cut short.”
When she refuses to have an abortion, West says Ahmed and Gilkar threatened to sue her for $250,000 for breaching the surrogacy agreement.
20 July 2026
Ahmed and Gilkaer argue in legal filings that West ‘cut off all contact’ with them and ‘withdrew medical releases’ allowing them to have contact with her medical providers.
West flees to Texas, where abortion is illegal. Meanwhile, a court order in California affirms that Ahmed and Gilkar are the legal parents of the child. This also means they will have to pay for the child’s medical bills.
28 July 2026
An Alaskan Superior Court rejects a request to force West to relocate to California to give birth, but says that California has jurisdiction. A California court will decide where West gives birth and the medical team to treat her.
11 August 2026
Texas Attorney General Ken Paxton intervenes with a court order that means UT Southwestern Medical Center and Children’s Medical Center of Dallas must provide life-saving care to the baby, who he and West refer to as Gabriel.
The order prevents West from being forced to go to California while the case is considered.
However, the court also prevents West from making any medical decisions on behalf of the child, exercising any possession of the child, or representing herself as the child’s parent or guardian.
Ahmed and Gilkaer deny they ever intended to refuse treatment for the baby
12 August 2026
The baby is born in the morning in Texas two weeks early and immediately receives care for HLHS.
While West continues to refer to the baby as Gabriel, Ahmed and Gilkaer refer to the baby boy as Rumi in legal filings.
13 August 2026
Attorneys for both parties speak out. West’s attorney Lincoln Davis Wilson said West was not allowed to have any contact with the baby after the birth, but intends to pursue custody.
He told CBS: “We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child.”
Meanwhile, Ahmed and Gilkaer’s attorney Lee Budner tells the outlet: "Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts."
25 August 2026
West is ordered to appear at a Texas court.
Jen Thomas