Surrogate Mother McKenna West Is Being Sued for Breach of Contract, Refusal to Abort Baby Gabriel

AP Photo/Wong Maye-E

McKenna West, the surrogate mother who fled to Texas because contracted parents Nausheen Gilkar and Omar Ahmed asked her to abort the preborn baby due to the discovery of a congenital heart defect, is being sued by those same parents for breach of contract. 

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Gilkar and Ahmed are seeking $100,000 and other unspecified damages.

Who, exactly, in this nightmare scenario is suffering damage?

The biological parents of the child birthed by surrogate mother McKenna West are suing her more than $100,000 for keeping the baby rather than abort it at their request, according to a report.

Nasheen Gilkar and Omar Ahmed filed a countersuit against West, a 28-year-old nurse from Alaska, weeks before she gave birth in Texas to their baby, who was born with a serious and rare heart defect, TMZ reported.

They agreed to pay West $60,000 to carry their child — with an abortion clause that allowed them to terminate the pregnancy if there were issues with the fetus, according to the lawsuit.

[...]

The baby was born on Aug. 12. West named him Gabriel, but the biological parents insist his name is Rumi.

Gilkar and Ahmed are asking a judge to award them more than $100,000 in damages from McKenna for breaking the deal plus unspecified damages for her alleged “malicious, outrageous conduct.”

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Rumi, the Afghani poet and Sufi Mystic from whom the baby's name is derived, wrote: "Wherever you are, and whatever you do, be in love." 

I very seriously doubt that Rumi would approve of their actions: first, to push McKenna West to abort the preborn child, and then, after West disregarded their wishes and chose life for the baby, to drape themselves in grievance and target West with a lawsuit. Baby Gabriel/Rumi has received only the first of three complex surgeries to treat hypoplastic left heart syndrome ("HLHS"), the serious condition that, if left untreated, would result in death. Now that Gilkar and Ahmed have decided they want the baby despite the medical challenges, you would think these purportedly loving parents would be focusing their energy and money toward Baby Gabriel/Rumi's future care and medical needs. Instead, they have high-priced lawyers on retainer and are seeking payback.

According to court documents, Gilkar and Ahmed alleged that since West had two previous pregnancies, she was "well aware of the journey." The fact that those previous pregnancies are West's own children and that journey led to actual motherhood rather than being used as a human incubator might have factored into West's decisions and emotions. 

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Gilkar and Ahmed also deny they threatened to force West to abort the baby.

West is still under a restraining order where she is not allowed to see Baby Gabriel/Rumi. Yet she continues her fight for custody of the baby.

West’s decision to keep the baby has ignited a national discussion on abortion and surrogacy — and has involved courts and officials in three states.

Gilkar and Ahmed “haven’t given [West] anything” since she declined to terminate the pregnancy, Lincoln Wilson, an attorney for West, told The Post.

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