A surrogate mother in Alaska has filed a legal claim against the intended parents of a newborn diagnosed with a serious heart defect, alleging the infant was taken from her within 60 seconds of birth despite her refusal to terminate the pregnancy.
On August 12, McKenna West gave birth to a boy at a Texas hospital equipped to perform lifesaving heart surgery. West, a cardiac nurse, had previously refused a request from the intended parents—California couple Omar Ahmed and Nausheen Gilkar—to abort the fetus after a diagnosis of hypoplastic left heart syndrome (HLHS) at 20 weeks gestation. West relocated to Texas for the birth, citing concerns about access to specialized care.
West stated in a New York Post op-ed that she was only able to hold the infant for 60 seconds while his umbilical cord remained attached before he was taken away. "I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy," she wrote. "The only glimpse I got of him was during a very short 60 seconds while his umbilical cord was still connected. As soon as the cord was cut, he was taken away."
Legal and Medical Developments
On August 17, the newborn underwent the Norwood procedure, the first of three open-heart surgeries typically required to treat HLHS. According to the intended parents' attorney, Lee Budner, Ahmed and Gilkar provided immediate consent for the surgery once doctors confirmed the baby’s eligibility. Budner stated in a statement: "My clients immediately provided consent for the surgery to occur at the hospital’s earliest availability."
West, however, has since filed a legal claim, alleging breach of contract and emotional distress. The intended parents have countered by suing West for over $100,000 in damages, describing her actions as "malicious, outrageous conduct." Their lawsuit argues that West violated a contractual clause requiring termination in the event of a fetal anomaly, which West disputes.
Background and Contractual Dispute
West agreed in 2023 to serve as a surrogate for Ahmed and Gilkar, receiving $60,000 for her services. The surrogacy contract reportedly included a provision stating that West would be required to terminate the pregnancy if a fetal anomaly was detected. West, however, cited her medical background and personal convictions in refusing the request, asserting that the child had a chance at a full life with surgical intervention.
The baby, whom the intended parents named Rumi, was diagnosed with HLHS, a condition where the left side of the heart is underdeveloped. Without surgical treatment, HLHS is typically fatal within the first days or weeks of life. West has stated that she relocated to Texas due to concerns about the availability of specialized care in her home state of Alaska.
Current Status
The infant remains hospitalized following the Norwood procedure, and West continues to pursue legal action to regain custody or visitation rights. The legal dispute centers on the interpretation of the surrogacy contract, the medical decisions made after birth, and the rights of the surrogate versus the intended parents. No public statements have been issued by West’s legal team regarding the specifics of her claim.
The case raises broader questions about surrogacy contracts, medical autonomy, and the rights of surrogates in cases involving fetal anomalies.