Friend of surrogate who defied biological parents’ wishes to abort baby makes new claim as custody fight continues
McKenna West's friend has claimed she is strapped for cash after she gave birth to another couple's baby against their wishes.
West signed a contract with couple Nausheen Gilkar and Omar Ahmed, who are based in California, to carry their child via surrogacy, although doctors discovered a problem at 20 weeks. The baby was diagnosed with hypoplastic left heart syndrome (HLHS), a rare congenital condition where the left side of the heart does not develop properly.
Then, legal filings from the couple's lawyers said they had made the difficult decision to terminate the pregnancy.
However, West is said to have refused to abort the pregnancy, and fled to Texas, where abortion is illegal, before she gave birth to the baby, who she refers to as Gabriel, on August 12. Despite this, the baby is referred to as Rumi by Ahmed and Gilkaer in legal filings.
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She's now fighting for custody of the child, who biological parents Nausheen Gilkar and Omar Ahmed have custody of, due to Californian law. However, the fact the baby was born in Texas is trying to be used as a loophole by West's lawyers.
Now, a friend of West, who goes by the name of Ellen is alleging the mom 'has lost the payments she was relying on and is now facing the possibility of being sued for all money paid to her—or on her behalf—since the beginning of her surrogacy journey'.
"She has also relocated away from home and is taking time off work while continuing to cover expenses back home," she claimed - saying that West would have 'no paid time off remaining to support her own postpartum recovery.'
The fundraiser has a goal of $100,000 USD, and at the time of writing has raised $72,507 USD.
“I thought [being a surrogate] would be a really awesome way to make extra income for my family, not have to take extra time away from my kids, and get to provide a family the amazing gift of having a child,” she told Live Action News before giving birth. In the same interview, she alleged the couple threatened to sue her for $250,000 for breaching the surrogacy agreement.
UNILAD has contacted Ahmed and Gilkaer's legal representatives for comment.
Previously, Ahmed and Gilkaer's lawyer, Lee Budner told CBS that the child was in his clients' physical care as he '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," he added.
Budner also told the outlet that his clients were 'continuing to place their baby's health and well-being first, following the advice of the baby's medical team, as they always have and just as any loving parent would'.
The couple are expected to appear in court on August 25 alongside West.
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.
Kiesha Dosanjh