The biological parents at the center of an extraordinary surrogacy battle are suing the single mother who carried and gave birth to their child, accusing her of breaching their contract by refusing their demand to abort the baby after a treatable heart defect diagnosis.
The California couple is reportedly seeking a six-figure cash award from McKenna West, who gave birth to their baby last Wednesday in the Dallas area, accusing her of “malicious conduct” by refusing to terminate the pregnancy.
In the lawsuit, obtained by TMZ, Nausheen and Omar are asking a judge to award them more than $100,000 in damages from McKenna for allegedly breaching the surrogacy agreement, in addition to unspecified damages for what they called her “malicious, outrageous conduct.”
The Daily Wire reached out to Lee Budner, an attorney for the parents, Omar Ahmed and Nausheen Gilkar, for information on the lawsuit. Lila Rose, president and founder of Live Action, confirmed reports of the suit Wednesday. It’s unclear when the lawsuit was filed and in what jurisdiction.
Nausheen and Omar reportedly claimed to have suffered emotional distress throughout the ordeal, which has captivated attention from pro-life activists to members of the Trump administration. The surrogacy agreement at the center of the dispute includes an abortion clause allowing the biological parents to demand an abortion at their discretion.
“Further, the Parties hereto, as stated above, agree that there shall be termination of the pregnancy for fetal abnormality as determined by a physician designated by the Intended Parents if the Intended Parents request termination of the pregnancy,” the agreement reads, according to TMZ.
At 20 weeks, the baby was diagnosed with hypoplastic left heart syndrome (HLHS), a serious congenital heart defect that typically requires three staged surgeries. With treatment, babies have high survival rates into adulthood, according to NewYork-Presbyterian Hospital. That medical reality did not stop the biological parents from seeking an abortion, The Daily Wire reported. West refused the abortion demand and fled to Texas to seek medical expertise in a state with a sweeping abortion ban.
West named him Gabriel. The biological parents named him Rumi, a historical Persian name with Islamic roots.
Earlier this week, a medical team determined that the baby was eligible for the Norwood procedure, the first of three surgeries typically performed on babies born with HLHS. Babies with the condition typically undergo a second operation at 4 to 6 months of age, according to the Cleveland Clinic.
“Rumi is now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff,” the family’s lawyer told CBS. “This is the last update on Rumi’s health that his family intends to share. His condition remains critical and complex, and his family seeks privacy in caring for their son on his long road to recovery.”
West previously said having the baby could cost her up to $200,000 — a price she was willing to pay.
“This is my body, and I absolutely don’t want to go through this. Nothing was scarier than questioning my own soul and knowing what would happen to this baby boy,” she told Live Action. “His life doesn’t have a price tag on it. There’s nothing that they could try to come after me for that would be worth his life.”
In other court filings, Gabriel’s biological parents accused West of initially agreeing to terminate the pregnancy before reversing course, The Daily Wire reported.
“It is undisputed that West initially agreed and that she herself made the initial appointment. She then unilaterally changed her mind, cut off all contact with A.B. and C.D., and withdrew medical releases allowing A.B. and C.D. to have contact with all medical providers,” the filing said.
A Dallas judge granted the biological couple’s request for a temporary restraining order against West and blocked her from making any medical decisions for the child she was carrying.
Lincoln Wilson, an attorney for West, told The Texas Tribune that his client “is lawfully the parent because she gave birth to this child that she carries in Texas, then she should control custody as well.”
A court hearing is scheduled for August 25.
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