Surrogate mum being sued by biological parents for not aborting baby reveals why she didn’t have abortion
A surrogate who travelled to Texas after refusing to terminate a pregnancy at the request of the biological parents has spoken out.
McKenna West, 28, from Alaska in the US had entered into a surrogacy agreement with Nasheen Gilkar and Omar Ahmed from California.
After having a scan at 20 weeks, it was flagged up that the foetus had a rare heart defect which would require immediate heart surgery upon birth and which can have longterm health effects, though it is treatable and manageable with the proper medical support.
When they discovered the condition, the biological parents requested that West terminate pregnancy, and the agreement reportedly included a clause which gave them the right to do this. The clause reportedly said that the couple would be allowed to request that she terminate the pregnancy if an 'anomaly' was discovered.
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The terms of surrogacy contract often also give all parental rights, including decisions around whether to continue the pregnancy, to the biological parents.
However, West refused to terminate the pregnancy and travelled to Texas, where abortion is nearly always illegal except in very rare cases, calling the request the moment that 'my worst fears came true'.
West has now spoken out about the case, writing in the New York Post why she chose not to have an abortion.
“It is unthinkable to me to give birth to a precious, living, breathing baby boy and yet deny him the chance to survive," she wrote.
The biological parents have now opened legal proceedings against West, claiming breach of contract and suing her for at least $100,000.
West gave birth to the child in Texas, and the infant is now in the custody of his biological parents, who are pursuing the appropriate medical care.
The child was diagnosed with hypoplastic left heart syndrome, meaning that the left side of the heart is underdeveloped.
This requires open heart surgery to be carried out on the baby after birth, as well as two more surgeries after this, however it is manageable.
“All I wanted was for the contracting couple to commit to giving this baby lifesaving treatment. But they refused. So, I made my own plans to save him," wrote West.
She added: “My plea, my only goal, is simple: Let’s commit to giving this baby the full treatment he needs to live.”
West claimed that she had chosen Texas as the state to give birth in after researching the best states to have the surgery, called the Norwood procedure.
A court order prevents West from having any contact with the child or to hold him, and she wrote that the only time she saw him was immediately after giving birth.
“The only glimpse I got of him was during a very short 60 seconds while his umbilical cord was still connected, as soon as the cord was cut, he was taken away," she wrote.
In addition to its extreme anti-abortion laws, state law in Texas also legally identifies the mother of a child as the person who gave birth to them.
LADBible has approached legal representatives of Nasheen Gilkar and Omar Ahmed 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.
Kit Roberts