Parents sue surrogate mother for $100,000 after she refuses abortion request

A 28-year-old surrogate mother, McKenna West, is being sued by the biological parents of her child for $100,000 after she refused to terminate the pregnancy despite discovering the baby had a severe heart defect. Nasheen Gilkar and Omar Ahmed, the parents, had agreed to pay West $60,000 to carry their baby, with an abortion clause in their contract to be used if any issues with the fetus were found.

At around 20 weeks, doctors diagnosed the baby with hypoplastic left heart syndrome, a rare and life-threatening congenital heart defect. The parents requested that West terminate the pregnancy, but she declined. Instead, she traveled to Texas to give birth on August 12 and named the child Gabriel, while the parents insist the baby's name is Rumi.

West is being sued for breaching their agreement and for "malicious, outrageous conduct." Her lawyer claims Gilkar and Ahmed did not provide her with anything after she refused the abortion, while the parents deny ever threatening to force West to undergo an abortion. West's lawyer says she believes the baby should be allowed to live, despite the diagnosis, emphasizing that "every life matters."

Reproductive law attorney Marla Neufeld, however, believes West has virtually no legal claim to the child, as she has virtually no legal claim to the child.