Surrogate Mom Sued for Refusing Abortion After Baby Diagnosed With Heart Defect

By Sofiat Adenekan-Abdul

A 28-year-old surrogate mother in the United States is facing a legal battle after refusing a request from the biological parents to terminate the pregnancy following the discovery of a serious heart defect in the unborn baby.

According to a report by TMZ, Nasheen Gilkar and Omar Ahmed filed a countersuit against surrogate mother McKenna West weeks before she gave birth in Texas.

The couple had agreed to pay West $60,000 to carry the pregnancy, with an abortion clause in their agreement that reportedly allowed them to request termination if a serious fetal condition was discovered.

However, at about 20 weeks into the pregnancy, doctors diagnosed the baby with hypoplastic left heart syndrome, a rare and serious congenital heart condition.

The intended parents subsequently asked West to terminate the pregnancy, but she refused.

West later travelled to Texas, where she gave birth to the baby on August 12.

Dispute Over Baby’s Name and Custody

West named the baby Gabriel, while Gilkar and Ahmed insist that the child’s name is Rumi.

The biological parents are seeking more than $100,000 in damages, alleging that West breached their agreement. They are also seeking unspecified damages over what they described as her “malicious, outrageous conduct.”

The couple, however, denied ever threatening to force West to undergo an abortion.

West’s lawyer, Lincoln Wilson, said Gilkar and Ahmed had not provided her with anything since she declined to terminate the pregnancy.

The dispute has now developed into a wider legal battle over custody and parentage.

Wilson told The Post that West is seeking parentage of the child because she gave birth in Texas.

However, reproductive law attorney Marla Neufeld previously told The Post that West has very little legal claim to the child under the circumstances.

Surrogate Says Baby Deserves a Chance

West, who had previously been pregnant twice, said she believed the baby should be given a chance to live despite the diagnosis.

“Every life matters. No woman should be forced to end the life of the baby she is carrying — including me,” she said.

She added that baby Gabriel should be given “a chance at life.”

Hypoplastic left heart syndrome is a congenital heart defect affecting the left side of the heart. Babies born with the condition generally require major medical treatment, including surgeries, and may face significant long-term health challenges.

The case is expected to raise complex questions surrounding surrogacy agreements, reproductive decisions and parental rights as the legal dispute continues.

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