A surrogate mother has been sued for more than $100,000 by the baby’s biological parents after she reportedly refused to terminate the pregnancy despite being asked to do so following a prenatal diagnosis.
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The surrogate, identified as McKenna West, is facing legal action from Nasheen Gilkar and Omar Ahmed, who filed the lawsuit weeks before she gave birth to the baby.
According to court documents cited by TMZ, Gilkar and Ahmed had agreed to pay West $60,000 to carry their child. Their agreement reportedly contained an abortion clause allowing the pregnancy to be terminated if medical problems involving the fetus were discovered.
When West was about 20 weeks pregnant, the baby was diagnosed with hypoplastic left heart syndrome, a serious congenital condition in which the left side of the heart is severely underdeveloped and cannot properly pump blood to the body.
West reportedly refused to terminate the pregnancy and instead travelled to Texas, where she gave birth on August 12.
Following the baby’s birth, West reportedly named the boy Gabriel, while his biological parents have said they want him to be named Rumi.
Gilkar and Ahmed are seeking more than $100,000 in damages from West, alleging that she breached their agreement. They are also seeking additional unspecified damages over what they describe as her alleged “malicious, outrageous conduct.”
The lawsuit states that West had previously experienced two pregnancies and was therefore familiar with pregnancy and childbirth.
The intended parents, however, have denied threatening West or attempting to force her to have an abortion.
The dispute has now developed into a wider legal battle involving questions surrounding abortion, surrogacy and parental rights, with proceedings and officials in three states reportedly becoming involved.
According to Lincoln Wilson, an attorney representing West, Gilkar and Ahmed have not provided her with any money since she declined to terminate the pregnancy.
Wilson also said West is preparing to fight for legal parentage of the baby.
“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 West has virtually no legal claim to the child.
The case remains before the courts, with the legal status of the baby and the rights of the surrogate and biological parents yet to be determined.