Nisha Pandey

Parents Sue Surrogate For $100,000 After She Refused Abortion Following Baby’s Heart Defect Diagnosis

A legal battle ensued over a <span>surrogate</span> pregnancy after a California couple sued their surrogate for more than $100,000, alleging she broke their agreement by refusing to terminate the pregnancy after their unborn baby was diagnosed with a serious <span>heart defect</span>.

The case involves McKenna West, a 28-year-old nurse from Alaska, and intended parents Nausheen Gilkar and Omar Ahmed of California. The dispute began after a 20-week scan showed that the fetus had <span>hypoplastic left heart syndrome</span> (<span>HLHS</span>), a rare congenital heart defect in which the left side of the heart is severely underdeveloped. 

The baby, referred to as Gabriel by West and Rumi by the intended parents, was born in Texas on August 12 and is now receiving specialist medical care. The parents have custody of the newborn, while West's legal counsel has challenged the parental arrangement. 

<h2>A Diagnosis That Changed The <span rel="noindex">Surrogacy</span> Agreement</h2>

According to the parents' lawsuit, their <a href="https://www.healthandme.com/health-news/bacterial-imbalance-in-semen-linked-to-male-infertility-pregnancy-loss-the-lancet-article-155313519" data-type="tilCustomLink">surrogacy agreement</a> contained a provision allowing termination if the fetus developed a serious abnormality.

After doctors diagnosed HLHS at around 20 weeks, Gilkar and Ahmed asked West to terminate the pregnancy. According to court filings, West initially agreed to the process but later changed her mind and refused to undergo an abortion. 

West travelled from Alaska to Texas while pregnant, saying she wanted the baby to be born close to specialists capable of treating HLHS. The disagreement has eventually turned into a legal dispute involving California, Alaska and Texas, with different arguments about the surrogacy contract, parental rights and decision-making.

Also read: <a href="https://www.healthandme.com/parenting/decoding-the-fertility-markers-article-155613727" data-type="tilCustomLink">Decoding The Fertility Markers</a>

The latest lawsuit, filed by Gilkar and Ahmed, accuses West of breaching the surrogacy agreement by refusing to terminate the <a href="https://www.healthandme.com/health-news/amid-rapidly-expanding-ebola-outbreak-dr-congo-is-seeing-an-alarming-increase-in-maternal-deaths-heres-why-article-155244666" data-type="tilCustomLink">pregnancy</a>.

They are seeking more than $100,000 in damages, according to the latest reports. Earlier proceedings also involved claims over financial penalties under the surrogacy agreement, with reports citing amounts as high as $250,000. West continues to dispute the allegations and has been fighting a separate legal battle over her rights concerning the baby.

Also read: <a href="https://www.healthandme.com/health-wellness/maternal-anemia-why-its-a-major-pregnancy-risk-for-indian-women-and-how-to-prevent-it-article-155691805" data-type="tilCustomLink">Maternal Anemia: Why It’s A Major Pregnancy Risk For Indian Women And How to Prevent It</a>

After Years of Pain, Sambhavna Seth Explores Surrogacy: How It Actually Works

HLHS is a complex congenital <a href="https://www.healthandme.com/health-wellness/post-menopausal-women-face-a-higher-risk-of-fatty-liver-disease-how-falling-oestrogen-levels-impact-liver-health-article-155388945" data-type="tilCustomLink">heart defect </a> that affects the left side of the heart, including the left ventricle and major blood vessels.

As the left side cannot adequately pump oxygen-rich blood to the body, newborns with HLHS require immediate medical treatment after birth, which usually involves a series of surgeries. 

While HLHS remains a serious lifelong condition, advances in surgery and intensive care can help children lead a normal life well into their adulthood.

<h2>Texas Court Ordered Life-Saving Treatment</h2>

Before the baby's birth, Texas Attorney General Ken Paxton asked the court to ensure that the newborn would receive medically necessary treatment. A Texas judge subsequently ordered that life-saving care be provided after birth and prevented the baby from being taken out the state while the case was being considered. 

Paxton said, “Baby Gabriel deserves a chance at life.” The parents' lawyer, however, accused the Texas attorney general and West of turning a private family crisis into a political agenda. After the birth, attorney Lee Budner said the baby was in his parents' physical custody and receiving specialist care.

Health Conditions A-Z

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parents-sue-surrogate-for-100000-after-she-refused-abortion-following-babys-heart-defect-diagnosis

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Heart Defect

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hypoplastic left heart syndrome

HLHS

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A legal battle ensued over a surrogate pregnancy after a California couple sued their surrogate for more than $100,000, alleging she broke their agreement by refusing to terminate the pregnancy after their unborn baby was diagnosed with a serious heart defect.The case involves McKenna West, a 28-year-old nurse from Alaska, and intended parents Nausheen Gilkar and Omar Ahmed of California. The dispute began after a 20-week scan showed that the fetus had hypoplastic left heart syndrome (HLHS), a rare congenital heart defect in which the left side of the heart is severely underdeveloped. The baby, referred to as Gabriel by West and Rumi by the intended parents, was born in Texas on August 12 and is now receiving specialist medical care. The parents have custody of the newborn, while West's legal counsel has challenged the parental arrangement. A Diagnosis That Changed The Surrogacy AgreementAccording to the parents' lawsuit, their surrogacy agreement contained a provision allowing termination if the fetus developed a serious abnormality.After doctors diagnosed HLHS at around 20 weeks, Gilkar and Ahmed asked West to terminate the pregnancy. According to court filings, West initially agreed to the process but later changed her mind and refused to undergo an abortion. West travelled from Alaska to Texas while pregnant, saying she wanted the baby to be born close to specialists capable of treating HLHS. The disagreement has eventually turned into a legal dispute involving California, Alaska and Texas, with different arguments about the surrogacy contract, parental rights and decision-making.Also read: Decoding The Fertility MarkersParents Seek More Than $100,000The latest lawsuit, filed by Gilkar and Ahmed, accuses West of breaching the surrogacy agreement by refusing to terminate the pregnancy.They are seeking more than $100,000 in damages, according to the latest reports. Earlier proceedings also involved claims over financial penalties under the surrogacy agreement, with reports citing amounts as high as $250,000. West continues to dispute the allegations and has been fighting a separate legal battle over her rights concerning the baby.Also read: Maternal Anemia: Why It’s A Major Pregnancy Risk For Indian Women And How to Prevent ItWhat Is HLHS?   HLHS is a complex congenital heart defect  that affects the left side of the heart, including the left ventricle and major blood vessels.As the left side cannot adequately pump oxygen-rich blood to the body, newborns with HLHS require immediate medical treatment after birth, which usually involves a series of surgeries. While HLHS remains a serious lifelong condition, advances in surgery and intensive care can help children lead a normal life well into their adulthood.Texas Court Ordered Life-Saving TreatmentBefore the baby's birth, Texas Attorney General Ken Paxton asked the court to ensure that the newborn would receive medically necessary treatment. A Texas judge subsequently ordered that life-saving care be provided after birth and prevented the baby from being taken out the state while the case was being considered. Paxton said, “Baby Gabriel deserves a chance at life.” The parents' lawyer, however, accused the Texas attorney general and West of turning a private family crisis into a political agenda. After the birth, attorney Lee Budner said the baby was in his parents' physical custody and receiving specialist care.

parents sue surrogate for $100,000 after she refused abortion following baby’s heart defect diagnosis

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