Nigeria

Surrogate McKenna West Hit With Lawsuit For ‘Malicious Conduct’ By Biological Parents Of Baby She Refused To Abort

mckenna west surrogate

The dispute between biological parents Nausheen Gilkar and Omar Ahmed and their surrogate McKenna West heats up as the couple launches a countersuit, alleging the nurse engaged in “malicious conduct.”

The core of the conflict stems from an agreement to terminate the pregnancy in special circumstances, which West supposedly violated, causing them serious emotional distress.

McKenna West is now fighting for parental rights and challenging restraining orders, which the biological parents deem baseless and in violation of court orders.

According to court documents obtained by TMZ, Nausheen and Omar are demanding that they be granted over $100,000 in damages from West for going against their surrogacy deal in a countersuit filed several weeks before she gave birth.

In a report by the news outlet, the couple alleges that West violated their agreement and are asking for the hefty sum, in addition to “unspecified damages.” They describe the surrogate as having displayed “malicious” and “outrageous” conduct.

The complaint emphasizes that Nausheen and Omar suffered from emotional distress as a result of West violating their agreement. They assert that West had two prior pregnancies and was “well aware of the journey”.

The couple claim to have paid West $60,000 as required by their agreement. An agreement that reportedly contained a provision that allowed for abortion should abnormalities in the fetus be discovered.

About The Surrogacy Agreement And Abortion Clause McKenna West Agreed To

Central to the dispute is the termination clause in the Surrogacy contract. Nausheen and Omar claim they were allowed by the contract to request termination of pregnancy under relevant circumstances.

The fetus, which was diagnosed with hypoplastic left heart syndrome (HLHS), a life-threatening congenital heart condition, after consultation with medical professionals, was expected to be terminated by West as per her agreement with the biological parents.

The contract terms the parties signed last year were made public by TMZ. The outlet previously published the full surrogacy agreement, where it very clearly states that there “shall be a termination of the pregnancy for a fetal abnormality.”

West, who is referred to as “The Gestational Carrier” in the contract, was expected with full clarity to “abide by the request of the Intended Parents concerning the termination of the pregnancy.”

The surrogate was also reportedly not allowed to travel far from her residence in Alaska after 32 weeks of pregnancy and barred from naming the child.

The Intended Parents, on their part, were expected to acknowledge the seriousness of terminating a pregnancy and take necessary steps to make sure she was provided the medical care she required.

The Birth Of The Baby And Surgery

The baby, named Rumi by his biological parents, was born August 12, earlier this month, and has reportedly undergone the first of three complex heart procedures associated with HLHS, the Norwood procedure.

The CDC notes that babies with the condition typically go through three complex surgeries performed in a particular order to assist in increasing the baby’s blood flow.

The Norwood procedure is meant to be done within the first two weeks of the child’s life and is subsequently followed by the Bi-directional Glenn, then the Fontan procedure, all completed within the first several years of the child’s life.

Lee Budner, attorney to the biological parents, has confirmed in a statement shared with People that the first operation has taken place and “Rumi is now recuperating under the loving care of his parents and his heroic team of doctors, nurses, and medical staff.”

He added that the family intends to provide the last update on Rumi’s health they will share, noting that the baby’s “condition remains critical and complex and the family seeks privacy in caring for their son on his long road to recovery.”

Ongoing Custody Battle Between McKenna West And The Biological Parents Over Baby Rumi

West maintains that she did nothing wrong. In a report by The Guardian, the 28-year-old stated on the Megyn Kelly podcast, “I felt very trapped due to this contract. I felt like I had no voice.”

She added, “But I knew in my soul, in my heart that I wanted to protect this little boy.”

The family’s attorney, in his statement with People, addressed West’s continued pursuit of parental rights as the one who gave birth to him.

Budner said she “continues to assert baseless claims for custody of Rumi, in violation of multiple court orders out of both Alaska and California.”

The Biological Parents Plan To ‘Quickly’ Defeat McKenna West In Court

According to Budner, the biological parents expect to “quickly” defeat McKenna’s baseless claims as “Rumi’s parents continue to focus on his health and safety above all else.”

As it stands, a judge has reportedly placed a restraining order barring West from making any medical decisions for the child until at least August 25, when they happen to be due back in a Dallas County court for the next hearing on the case.

Nausheen and Omar remain, at the moment, the parents with decision-making authority over the hospitalized baby.

Meanwhile, West continues to receive an outpouring of support, with reports showing that she has gotten almost $100,000 in a GiveSendGo fundraiser made on her behalf.