Biological parents sue surrogate mum after she breached contract by refusing to abort baby with heart defect

A SURROGATE mum has been sued by the baby’s biological parents after they claimed she breached contract by refusing to abort the child at their request. Nasheen Gilkar and Omar Ahmed are filing a countersuit against McKenna West, 28, after she gave birth to the newborn, who suffers from a rare heart defect. A surrogate mum is being sued by the biological parents of the baby she carried Credit: Courtesy of Mckenna West McKenna West, 28, refused to abort the baby, court documents say Credit: Facebook/Mckenna West The genetic parents took legal action weeks before she gave birth in Texas to their baby. The couple had previously agreed to pay West, from Alaska, £45,000 to carry their child, court documents say. Sign up for The Sun newsletter Thank you! But the deal had an abortion clause that allowed them to terminate the pregnancy if there were issues with the fetus, according to the lawsuit. At around 20 weeks, the unborn child was diagnosed with hypoplastic left heart syndrome, a life-threatening condition. West was paid £45,000 to carry the baby, according to court docs Credit: Facebook The mum is being sued for allegedly refusing to abort the child Credit: Live Action The biological parents claimed they asked her to abort the child, but she refused. West instead travelled to Texas, where she was recognised as the birth mother under state law. She gave birth to the baby on August 12 and named him Gabriel. However, his biological parents insist his name is Rumi. Most read in The Sun Gilkar and Ahmed are asking for nearly £75,000 in damages from West for breaking the deal, as well as unspecified damages for her alleged “malicious, outrageous conduct”. West had two previous pregnancies and was well aware of the clauses within the deal, according to the lawsuit. The intended parents have denied threatening to force McKenna to abort the baby. West’s decision to not abort the baby has sparked an online frenzy. Courts and officials in three different states are involved in the case. Gilkar and Ahmed “haven’t given [West] anything” since she failed to end the pregnancy, her lawyer told The New York Post. The surrogate mum is now preparing an all-out legal battle to become Gabriel’s legal parent. Wilson said: “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.” However, reproductive law attorney Marla Neufeld previously told The Post that the surrogate has virtually no legal claim to the child. Hypoplastic left heart syndrome is a congenital heart defect. It requires multiple surgeries and leaves survivors facing lifelong medical care and potentially serious health complications. West added: “Every life matters. “No woman should be forced to end the life of the baby she is carrying – including me. “Baby Gabriel should receive a chance at life.” Comment now