Biological Parents Sue Surrogate for $100,000 Over Refusal to Terminate Pregnancy After Fetal Diagnosis
The legal battle between a surrogate mother and the biological parents of a newborn with a serious heart condition has brought to light important issues regarding the child’s welfare, medical treatment and legal safeguards.
McKenna West, 28, of Alaska, was diagnosed with hypoplastic left heart syndrome and was asked to abort the baby by the baby’s biological parents, Nasheen Gilkar and Omar Ahmed, but she refused, resulting in her giving birth to the child in Texas on Aug. 12.
It is a rare but serious congenital heart defect that may need several surgeries and lifelong medical treatment.
Gilkar and Ahmed have filed a countersuit seeking more than $100,000 in damages, alleging that West breached their surrogacy agreement. The lawsuit states that the agreement contained a clause that stated that if there were serious fetal health issues, the agreement could be terminated.
West challenges the parents’ claim and wants to prove that she is the child’s legal mother, who she named Gabriel. The biological parents insist that the child’s name be Rumi.The biological parents request that the child be called Rumi.
Since she refused to abort the baby, the intended parents have not given her anything, West’s attorney said. The biological parents have denied threatening to force her to have an abortion.
The battle is now in the courts and authorities of three states, and has sparked broader discussion of abortion, surrogacy and parental rights.
The main concern from a child protection perspective is the immediate health of the newborn, access to specialised medical treatment and the provision of stable care until the legal dispute is resolved.
In either case of the parentage proceedings, the decisions made should be based on the child’s safety, medical needs and best interests.
