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A 28 year old surrogate mother in the United States is facing a legal battle with the biological parents of the baby she carried after she refused to terminate the pregnancy when doctors discovered that the unborn child had a serious heart condition.
According to TMZ, Nasheen Gilkar and Omar Ahmed filed a countersuit against McKenna West just weeks before she gave birth to the baby in Texas.
The couple had reportedly agreed to pay West $60,000 to carry the pregnancy. Their agreement allegedly contained an abortion clause which allowed them to request a termination if a serious problem with the foetus was discovered.
Things took a dramatic turn when, at about 20 weeks into the pregnancy, doctors diagnosed the baby with hypoplastic left heart syndrome, a rare and potentially life threatening congenital heart defect.
Gilkar and Ahmed subsequently asked West to terminate the pregnancy, but she refused. Instead, she travelled to Texas and gave birth to the baby on August 12.West named the child Gabriel, while the biological parents reportedly want him to be called Rumi.
The intended parents are now seeking more than $100,000 in damages, accusing West of breaching their agreement. They are also seeking additional unspecified damages over what they described as her “malicious, outrageous conduct.”
However, Gilkar and Ahmed have denied ever threatening to force West to undergo an abortion.West’s attorney, Lincoln Wilson, said the couple had provided his client with nothing since she rejected their request to terminate the pregnancy.
The disagreement has now developed into a wider legal battle over custody and parentage. West is seeking parentage of the baby, with her lawyer arguing that because she gave birth in Texas, state law could support her claim.
“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 told The Post.
Reproductive law attorney Marla Neufeld, however, previously told The Post that West has very little legal claim to the child.
West, who had already experienced two previous pregnancies, said she stood by her decision to continue with the pregnancy despite the diagnosis.
“Every life matters. No woman should be forced to end the life of the baby she is carrying — including me … Baby Gabriel should receive a chance at life,” she said.
Hypoplastic left heart syndrome is a serious congenital heart condition that affects the left side of the heart. Children born with the condition typically require multiple surgeries and may face lifelong medical treatment and other serious complications.
The case is now set to put the terms of the surrogacy agreement, reproductive rights and the question of parentage under intense legal scrutiny.
