Biological parents make new legal move against surrogate who refused to abort their baby
The biological parents caught up in a bitter surrogacy dispute have made another legal move against McKenna West after she refused to terminate the pregnancy and later gave birth in Texas.
West, a nurse from Alaska, had agreed to carry a baby for California couple Nausheen Gilkar and Omar Ahmed after signing a surrogacy contract in August 2025.
At around 20 weeks, doctors discovered the baby had hypoplastic left heart syndrome (HLHS), a rare congenital condition where the left side of the heart does not develop properly. Gilkar and Ahmed decided to terminate the pregnancy following the diagnosis, but West ultimately refused and travelled to Texas, where abortion is banned in almost all circumstances.
Now, the dispute has taken another significant turn, with Gilkar and Ahmed filing a countersuit seeking more than $100,000 in damages from West for allegedly breaching their agreement.
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TMZ reports the legal action was filed weeks before West gave birth on August 12.
According to the lawsuit, the couple says they paid West $60,000 during the pregnancy under their surrogacy contract, which they claim contained a clause allowing them to request an abortion in certain circumstances.
They are also seeking unspecified damages over what they describe in the filing as ‘malicious, outrageous conduct,’ whilst claiming West’s actions caused them emotional distress.
The couple has denied allegations that they launched a campaign of threats to force West to go through with an abortion. West, meanwhile, denies wrongdoing and maintains that she saved the baby’s life.
She previously told 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.”
The baby was born two weeks early in Texas and has since undergone major heart surgery.
Gilkar and Ahmed call their son Rumi, while West and members of her legal team have referred to him as Gabriel.
Their attorney, Lee Budner, said following the operation that the baby was ‘now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff’. He added that the child's ‘condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery.’
Still, the wider legal battle over parentage is also carrying on. West’s attorney, Lincoln Davis Wilson, has argued that Texas law supports her claim because she gave birth in the state.
He previously 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.”
However, earlier court orders have recognised Gilkar and Ahmed as the child’s legal parents, while West has been prevented from making medical decisions or exercising possession of the baby.
A further Texas court hearing is scheduled for August 25.
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.
July 20 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.
July 28 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.
August 11 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
August 12 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.
August 13 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."
August 25 2026
West is ordered to appear at a Texas court.
Ben Williams