Surrogate who refused to abort couple's baby despite their request wins huge legal victory
A surrogate mother who was heartbroken after doctors diagnosed the baby she was carrying with a serious but treatable heart condition has won a legal victory.
McKenna West, a nurse from Alaska, is just weeks away from giving birth to the surrogate child despite the wishes of his biological parents, who have pushed for her to have an abortion.
She is expecting a baby boy, who she has already named Gabriel.
His biological parents, Nausheen Gilkar and Omar Ahmed, from California, had asked West to have an abortion after the baby received a shocking health diagnosis, out of the blue.
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They found out their unborn child has a severe but treatable heart condition, called hypoplastic left heart syndrome (HLHS).
Instead of going ahead with the abortion as requested, West travelled to Texas, where local law means she will be recognised as the birth mother.
Early legal victory
Texas Attorney General Ken Paxton has filed a petition, requesting that doctors provide 'life-saving' care for Gabriel when he is born.
The petition is also a bid to prevent the baby being taken away from Texas.
In an early victory for West, the court granted the petition and agreed to the terms requested, stating: “Upon the child’s live birth, medically indicated stabilising and life-sustaining care shall be provided to the child pending further order of this Court.
“No person shall withhold, direct the withholding of, obstruct, or delay that care.
“Upon the child’s live birth and pending further order of this Court, no person shall: remove the child from the [hospital where he’s treated], [and] remove the child from the state of Texas.”
Attorney General Paxton spoke of his delight after the decision: “The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves."
“My office utilised every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being.
“Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
Chances of survival
According to the NY Post, babies born with HLHS require surgery almost immediately after they are born, if they are to survive.
The New York Presbyterian Hospital says babies with the condition have a 72 percent chance of making it to five years old if they have the surgery at birth.
If they reach the age of five, then their chance of surviving to the age of 18 is approximately 90 percent.
The hospital reports that the oldest person to survive HLHS is in their 30s.
West recalled the moment when she found out that Gabriel has the condition, when she was 20 weeks pregnant.
'We were all really upset'
She told Live Action News that she was on a FaceTime call with his parents when doctors told her something was 'really wrong'.
She said: “The doctor came in and told us there was something really wrong with the baby’s heart.
“There was no blood flow through the left side of the heart... so we were all really upset. It was completely unexpected. Everything had been going great."
She said up until that point, 'all genetic testing was normal', but following the diagnosis she was 'pretty confident' that his parents would want a termination.
"How could I possibly live with myself going through that?” she said.
She told Megyn Kelly: "It's not this hopeless diagnosis whatsoever. And that's part of why I want to fight so hard for this little guy. He absolutely can go on to live a full life and he deserves that opportunity.”
West is now being sued by Gilkar and Ahmed for not having the termination, which they wanted her to have in their home state of California.
Ahmed and Gilkar are set to appear in a Dallas County court on 25 August.
LADbible Group has contacted Nausheen Gilkar and Omar Ahmed’s legal representative for comment.
A timeline of McKenna West’s surrogacy legal battle
February 2025
McKenna West, a nurse from Alaska, applies to be a surrogate for Worldwide Surrogacy in order to make extra income for her family.
August 2025
West signs a surrogacy agreement with Omar Ahmed and Nausheen Gilkar, from California. She says the contract she signed required her to undergo an abortion in the event of an ‘anomaly’.
Early 2026
After falling pregnant via IVF, West, Ahmed and Gilkar learn during West’s 20 week scan that the baby has hypoplastic left heart syndrome (HLHS) - a serious but survivable condition.
Legal filings from Ahmed and Gilkar’s lawyers read (via AP): “After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. (birth parents) made the difficult decision to terminate the pregnancy.
“It is undisputed that West initially agreed and that she herself made the initial appointment.”
But West tells Live Action News: “I knew that I didn't want to have to go through [an abortion]. I didn't want for this baby - for his life to be cut short.”
When she refuses to have an abortion, West says Ahmed and Gilkar threatened to sue her for $250,000 for breaching the surrogacy agreement.
20 July 2026
Ahmed and Gilkaer argue in legal filings that West ‘cut off all contact’ with them and ‘withdrew medical releases’ allowing them to have contact with her medical providers.
West flees to Texas, where abortion is illegal. Meanwhile, a court order in California affirms that Ahmed and Gilkar are the legal parents of the child. This also means they will have to pay for the child’s medical bills.
28 July 2026
An Alaskan Superior Court rejects a request to force West to relocate to California to give birth, but says that California has jurisdiction. A California court will decide where West gives birth and the medical team to treat her.
11 August 2026
Texas Attorney General Ken Paxton intervenes with a court order that means UT Southwestern Medical Center and Children’s Medical Center of Dallas must provide life-saving care to the baby, who he and West refer to as Gabriel.
The order prevents West from being forced to go to California while the case is considered.
However, the court also prevents West from making any medical decisions on behalf of the child, exercising any possession of the child, or representing herself as the child’s parent or guardian.
Ahmed and Gilkaer deny they ever intended to refuse treatment for the baby
12 August 2026
The baby is born in the morning in Texas two weeks early and immediately receives care for HLHS.
While West continues to refer to the baby as Gabriel, Ahmed and Gilkaer refer to the baby boy as Rumi in legal filings.
13 August 2026
Attorneys for both parties speak out. West’s attorney Lincoln Davis Wilson said West was not allowed to have any contact with the baby after the birth, but intends to pursue custody.
He told CBS: “We are working on challenging those orders of parentage because we think that Texas law makes a woman who gives birth [to] a child, the mother of the child.”
Meanwhile, Ahmed and Gilkaer’s attorney Lee Budner tells the outlet: "Our clients' son was born yesterday morning and he is now in their physical custody while he receives expert medical care at a tertiary care center.
"Thankfully, McKenna West's baseless attempt to interfere with his medical care has been soundly rejected by the courts."
25 August 2026
West is ordered to appear at a Texas court.
Jen Thomas