Biological Parents Of Baby Born With Heart Defect Sue Surrogate For Not Aborting Him

Interesting baby, lawsuit, surrogate admin August 19, 2026 0 Comments

Biological Parents Of Baby Born With Heart Defect Sue Surrogate For Not Aborting Him

The biological parents of a baby boy born with a heart defect are suing their surrogate after they claimed she allegedly violated the abortion clause of their surrogacy agreement by not terminating the pregnancy.

Nausheen Gilkar and Omar Ahmed are suing McKenna West for more than $100,000 for allegedly breaching the agreement, according to TMZ. The pair is also seeking an unspecified amount in damages for “malicious, outrageous conduct,” the outlet reported.

A copy of the obtained by TMZ appears to include an abortion clause allowing for termination of the pregnancy in the event of a fetal abnormality.

“Except as provided herein, the Gestational Carrier agrees that it is her intention that she will not terminate the pregnancy or attempt to terminate the pregnancy she is carrying pursuant to this Agreement once the embryo is implanted except, if in the professional medical opinion of the physician approved by the Intended Parents or her own independent obstetrician, such action is necessary to protect a serious, grave, life-threatening risk to her own physical health. No such termination shall occur unless and until all Parties are notified and all Parties can review medical records and obtain second opinions should they wish to do so unless the medical condition is an emergency and there is no time for second opinions,” the agreement reads.

“Further, the Parties hereto, as stated above, agree that there shall be a termination of the pregnancy for a fetal abnormality as determined by a physician designated by the Intended Parents if the Intended Parents request a termination of the pregnancy. The Gestational Carrier agrees to terminate the pregnancy if, so requested by the Intended Parents in writing,” the document continues.

West, a nurse from Alaska, traveled to Texas after the baby was diagnosed with hypoplastic left heart syndrome (HLHS) at 20 weeks gestation, and the child’s biological parents allegedly pressured her to have an abortion, according to an Aug. 11 press release from Texas Attorney General Ken Paxton’s office. A Texas court ruled the child, whom West named Gabriel, must receive life-saving care after his birth. (RELATED: Texas Court Rules Baby With Heart Defect Must Receive Treatment Amid Legal Battle Between Surrogate, Parents)

West delivered the child in Texas on Aug. 12, according to the Dallas Morning News.

The child, whom his biological parents have named Rumi, underwent surgery on Aug. 17, his parents’ attorney, Lee Budner, said in a statement to NBC News.

The pair denies they allegedly pressured West to terminate the pregnancy, according to TMZ.

West is purportedly pursuing custody of the child, Budner told NBC News.