McKenna West's decision to flee to Texas while pregnant was meant to protect the baby she refused to abort, but it has now landed her at the centre of a bitter custody fight. The Alaska surrogate is facing a lawsuit worth more than £73,300 ($100,000), while critics online have bluntly questioned whether she has any parental claim to the child she carried.
The dispute began after the baby was diagnosed with hypoplastic left heart syndrome, a serious congenital condition, at around 20 weeks. West refused the biological parents' request to terminate the pregnancy, travelled to Texas and gave birth to the boy on 12 August, naming him Gabriel while his biological parents call him Rumi.
The Surrogacy Contract Behind the Fight
Nausheen Gilkar and Omar Ahmed claim they paid West £44,000 ($60,000) under their surrogacy agreement, which allegedly contained provisions dealing with termination if serious problems were discovered during pregnancy. They are now seeking more than £73,300 ($100,000) in damages, along with additional unspecified damages over what they describe as West's alleged 'malicious, outrageous conduct'.
The surrogate who refused to abort the baby she was carrying is now being sued by the biological parents who have since taken custody of the child.
— Daily Loud (@DailyLoud) August 20, 2026
Nausheen Gilkar & Omar Ahmed are suing 28-year-old McKenna West for over $100,000.
pic.twitter.com/CjWV4AkQUm
West has denied wrongdoing and is seeking to have the counterclaims dismissed. The biological parents have also rejected claims that they threatened or forced her to have an abortion, with their lawyers saying she initially agreed to terminate the pregnancy before changing her mind.
The Baby's Heart Defect Fuels the Fight
The unborn baby's diagnosis transformed an already complicated surrogacy arrangement into a legal and emotional battle involving three states. Hypoplastic left heart syndrome affects the development of the left side of the heart and can require several major operations, making the pregnancy especially medically serious.
West ultimately carried the pregnancy to term and gave birth in Texas, where she has continued to assert parental rights. The baby required a Norwood procedure shortly after birth, described as the first of three major surgeries commonly needed for children with the condition, with his condition reported as critical and complex.
Texas Becomes the Custody Battleground
West's decision to travel to Texas became central to the dispute because she has argued that giving birth there strengthens her position as the child's legal mother. Her lawyer has maintained that she is seeking parentage because she physically gave birth to the baby, while a reproductive law attorney has previously argued that her legal claim is extremely limited.
The biological parents, meanwhile, have argued that West's continuing custody claims are baseless and conflict with court orders in Alaska and California. A Dallas County hearing is scheduled for 25 August, adding another major chapter to an already sprawling legal fight.
Critics Say She Is Not the Parent
The strongest backlash has come from online commenters who reject West's argument that carrying and delivering the baby gives her parental rights. One commenter summed up the criticism bluntly: 'Parental rights? She's not the parent.'
Another wrote: 'She doesn't get parental rights. She signed and agreed to a contract to provide services and got compensated for it.' A separate commenter took aim at her decision to become a surrogate in the first place, writing: 'This is a standard surrogate agreement. She shouldn't have signed up to be one if she didn't agree with it.'
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Officials Stepped in Before the Birth
The fight became serious enough for Texas Attorney General Ken Paxton to secure an emergency court order requiring medically necessary treatment for the baby before his birth. His office also notified two Dallas hospitals of their obligations to provide life-saving care, while federal officials later reminded the hospitals of disability protections covering medical treatment.
The biological parents eventually authorised the baby's heart surgery and have said their focus is now on his recovery. West, however, continues to seek parental rights, meaning the question of who legally raises the child remains unresolved despite his arrival and first major operation.
I secured an emergency court order ensuring that baby Gabriel receives life-saving care in Texas. pic.twitter.com/Yv84BFoFi7
— Attorney General Ken Paxton (@KenPaxtonTX) August 12, 2026
A New Legal Battle Begins After Birth
The latest lawsuit has added another layer to a dispute that already involved abortion, surrogacy, medical care and competing claims over parenthood. For West, the decision to continue the pregnancy has become a fight over whether she can remain involved in Gabriel's life, while Gilkar and Ahmed are seeking financial damages and recognition of their parental position.
With the custody hearing approaching, the case is far from over. What began with a disputed request to end a pregnancy has now become a high-stakes legal battle over a newborn whose name, care and future remain at the heart of the fight.
