A California couple has sued their surrogate for breach of contract after she refused to terminate an unborn baby diagnosed with hypoplastic left heart syndrome and relocated to Texas to secure life-saving medical treatment.
The lawsuit, filed by Nausheen Gilkar and Omar Ahmed, alleges that McKenna West—a 28-year-old nurse from Alaska—violated their agreement by rejecting demands to abort the child following a 20-week scan identifying the critical heart defect. The couple is seeking over $100,000 in damages, arguing West agreed to an abortion clause covering serious fetal abnormalities when they paid her $60,000 to carry the child.
West moved to Texas after rejecting the couple’s request and arranged for medical care for the infant. She later secured court intervention in Dallas that ensured the baby received necessary treatment. However, following birth on August 12, West was barred from contact with him. The child, named Rumi by his biological parents, has undergone major surgery to address hypoplastic left heart syndrome and remains in critical but stable condition, according to his parents’ attorney.
West’s attorney, Lincoln Wilson, stated the surrogate is preparing legal action to establish parental rights under Texas law, which recognizes childbirth as conferring parentage. “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.
The case underscores complex legal conflicts when parents who pay for surrogacy insist on enforcing abortion clauses. It could establish precedent for how courts handle disputes involving surrogate parents. Hypoplastic left heart syndrome has demonstrated high success rates with early intervention, with some hospitals reporting 100 percent outcomes for initial procedures—a factor pivotal to West’s decision to carry the pregnancy to term.
