McKenna West, the gestational surrogate of “Baby Gabriel”, has been sued for US$100,000 by his biological parents, who claim that her refusal to have an abortion violated their surrogacy contract.
The lawsuit was filed before the child’s birth on August 12. In it, biological parents Nausheen Gilkar and Omar Ahmed are requesting US$100,000 in damages, plus an additional unspecified amount for “malicious, outrageous conduct”.
The child, who was nicknamed “Gabriel” by West before his birth, has been given a different name by his biological parents. In court documents, he is referred to by the name chosen by his biological parents. Before his birth, he was known in the media as “Baby Gabriel”.
Gilkar and Ahmed have custody of the child; West is forbidden from making any of his medical decisions.
The child was diagnosed with hypoplastic left heart syndrome (HLHS), a serious and life-threatening heart defect, in utero. Following the diagnosis at 20 weeks’ gestation, his biological parents, Gilkar and Ahmed, requested that West abort the pregnancy.
Hypoplastic left heart syndrome has a 70 per cent survival rate to the age of five if medical intervention occurs shortly after birth, but failure to intervene means the child will die within days.
According to the lawsuit, which was obtained by the website TMZ, Gilkar and Ahmed paid West US$60,000 for her services as a gestational carrier, and she agreed to terminate the pregnancy if they so desired.
The contract states: “The Gestational Carrier agrees to terminate the pregnancy if, so requested by the Intended Parents in writing,” and: “The Gestational Carrier agrees that she has carefully considered the issue of termination of the pregnancy, has discussed it with the psychologist in her psychological evaluation, and she is clear and knowing in her intention to abide by the request of the Intended Parents concerning the termination of the pregnancy.”
Violation of this request, says the contract, “shall be deemed material breach of this Agreement and the Intended Parents’ financial responsibility to the Gestational Carrier shall cease”.
West refused to have an abortion and travelled from her home in Alaska to Texas, both because of the state’s pro-life laws and its proximity to one of the country’s top paediatric cardiology hospitals. Gilkar and Ahmed had previously said they would not allow “Baby Gabriel” to undergo surgeries necessary to treat HLHS, but have since changed their minds.
“Baby Gabriel” underwent the Norwood procedure earlier this week and is now recovering, said lawyers representing his biological parents. The Norwood procedure is the first of three major surgeries to treat HLHS.
The day before his birth, Texas Attorney General Ken Paxton sought and received a court intervention ensuring that “Baby Gabriel” would receive appropriate treatment at a hospital in Texas.
