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Home»News»Biological Parents of Baby Gabriel File $100,000 Lawsuit Against Surrogate Who Refused Demand to Abort Their Son
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Biological Parents of Baby Gabriel File $100,000 Lawsuit Against Surrogate Who Refused Demand to Abort Their Son

Press RoomBy Press RoomAugust 19, 2026No Comments3 Mins Read
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The biological parents who tried to force their surrogate to abort their own son over a treatable heart condition are now suing her for more than $100,000 for refusing to kill the child and giving him a chance at life.

As The Gateway Pundit previously reported in our extensive coverage of this heartbreaking case, Alaska nurse and mother of two McKenna West risked everything to protect Baby Gabriel after California couple Nasheen Gilkar and Omar Ahmed invoked an abortion clause in their surrogacy contract when the unborn boy was diagnosed at 20 weeks with hypoplastic left heart syndrome.

West fled to Texas, where she gave birth on August 12, and Texas Attorney General Ken Paxton intervened with emergency orders to ensure life-sustaining care.

BREAKING: Baby Gabriel HAS BEEN BORN, Texas AG Ken Paxton Protecting Him After California Biological Parents Tried Forcing Surrogate Mother to Abort

The biological parents later gained temporary physical custody while the infant undergoes medical treatment, yet they have turned around and filed a countersuit accusing West of breaching the agreement by not killing the baby.

According to the lawsuit obtained by TMZ, Gilkar and Ahmed claim West violated the surrogacy contract, which paid her $60,000 and included a provision allowing them to demand abortion if fetal issues arose, by refusing their order to abort and instead traveling to Texas so she would be recognized as the birth mother under state law.

They are seeking over $100,000 in damages plus unspecified sums for what they call her “malicious, outrageous conduct.”

West, who told The New York Post, “Every life matters. No woman should be forced to end the life of the baby she is carrying — including me … Baby Gabriel should receive a chance at life,” continues to fight for parental rights under Texas law, where the woman who gives birth is presumed the legal mother.

Her attorney has emphasized that the biological parents stopped all payments after she declined the abortion and that West is prepared for a full legal battle, potentially up to the Supreme Court.

Reproductive law experts note that West faces an uphill climb under standard surrogacy frameworks, but the case has already sparked national debate over the ethics of forcing abortion through contract.

The heart defect requires multiple surgeries but offers strong survival rates with proper care.

West offered to assume full responsibility for Gabriel while releasing them from all obligations.

The parents refused, appeared to want to opt for palliative care that would allow the newborn to die, and pursued legal action across multiple states to compel the abortion or control the birth.

After West delivered in Texas and Paxton secured protections preventing the infant’s removal from the state without medical necessity, the biological parents obtained temporary custody.

Now, even as the child they once sought to abort fights for his life in specialized care, they are demanding financial punishment from the woman who saved him.

West has referred to the boy as Gabriel while the parents call him Rumi.

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