Surrogate who refused to abort baby denies seeking child support from child's parents
McKenna West's legal team says the claim she's chasing child support from the biological parents of baby 'Gabriel' comes from a document that was never officially filed, and, according to her lawyer, it doesn't mention child support at all.
The surrogate, who made headlines after she refused to have an abortion despite the baby's biological parents requesting one over a heart defect, is now firing back at Nausheen Gilkar and Omar Ahmed in new court filings, TMZ reports.
Gilkar and Ahmed, the California couple who hired West to carry the child they call 'Rumi,' claim in their own filing that West is seeking child support from them, and that her lawyer has also asked them to cover her legal fees.
They note that West has not accused them of being unfit parents.
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Why did McKenna West refuse to have an abortion?
West flew to Texas to give birth after Gilkar and Ahmed reportedly asked her to terminate the pregnancy once the baby was diagnosed with a heart defect, a request they made under the terms of their surrogacy contract. West declined, and has since said she wants to raise the child herself.
Gilkar and Ahmed maintain they want their son and intend to care for him, including navigating his health issues.
In their filing, the couple also questioned why West would be better placed to raise Rumi, pointing out that she is unwed, unemployed, and a mother of two young children with no health insurance, details they claim she has used to promote an online fundraiser that has had $128,000 donated to it at the time of writing.
Is McKenna West seeking child support from the baby's parents?
According to West's legal team, no.
Her lawyer says the child support claim stems from a 'never-filed, mistakenly circulated, and quickly retracted initial draft' of a document, insisting that even that draft makes no mention of child support.
Instead, West says she is only asking the court for temporary orders to make sure the baby receives what her team describes as "the life-sustaining care he needs."
The dispute marks the latest turn in an increasingly public custody battle that began when West and the couple who hired her found themselves at odds over whether to continue the pregnancy at all.
With both sides now formally contesting each other's version of events in court, and neither side backing down on their intentions toward the child, the case looks set to continue playing out in the legal system for some time yet.
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.
Thomas Bamford