Surrogate who defied biological parents’ wishes to abort baby vows to fight them for custody

A woman who gave birth to another couple's baby against their wishes has vowed to fight for custody of the child.

McKenna West signed a contract with California-based couple Nausheen Gilkar and Omar Ahmed agreeing to carry their child. West fell pregnant through IVF and when she reached 20 weeks she was asked by Gilkar and Ahmed to abort the baby.

Their request came after it was found that the unborn baby a rare condition called hypoplastic left heart syndrome (HLHS), where the left side of the heart is underdeveloped.

The condition is life-threatening but treatable. According to Mayo Clinic, treatment for the condition may include medicines, heart surgery or a heart transplant. It's often the case that a baby born with HLHS has to have surgery straight away.

When they asked for the baby to be aborted, West refused to do so and is said to have given birth on Wednesday (August 12) in Dallas, Texas.

West, who hails from Alaska, fled to Texas before having the baby because she knew there's a near-blanket ban on abortion in the state.

She's now fighting for custody of the child, who is referred to as 'Baby Gabriel' in court documents. Baby Gabriel's biological parents have currently custody of the child under California law, but West's lawyers are trying to use the fact that he was born in Texas as a loophole.

"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," her lawyer Lincoln Wilson told New York Post.

"She is the mother," he added.

McKenna West refused to abort the baby she was carrying (NBCLA)

Wilson went on to compare his client's surrogacy contract as being like 'a hitman contract' in light of the abortion clause in it. The clause allowed the biological parents to request a termination in the case of an 'anomaly' in the course of the pregnancy.

"These forced abortion clauses that demand that women have to be required to abort a child at the late term are quite common in surrogacy contracts," Wilson said.

The lawyer went on: "There’s some contracts the law doesn’t enforce. Like the law doesn’t enforce a hitman contract.

"This is basically a hitman contract, and we think that even if you accept a liberal view of abortion rights, the right to get an abortion also entails the right to not get an abortion."

Gilkar and Omar, who have also acquired a lawyer, will appear in court on August 25 alongside West.

Their attorney, Lee Budner, said: "Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they, as his parents, are able to spend every precious moment they can with him."

He added: "Our clients will continue, as they always have, to place their baby’s health and well-being first, following the advice of the baby’s medical team, just as any loving parent would."

She's now fighting for custody of the newborn (NBCLA)

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.