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McKenna West, the Alaska surrogate at the center of a legal battle over a newborn, says she was threatened with a $250,000 penalty under her surrogacy agreement if she refused to terminate the pregnancy.
West gave birth Wednesday (August 12) in Texas to a baby boy she named Gabriel after refusing to have an abortion following a diagnosis of hypoplastic left heart syndrome, a life-threatening congenital heart condition, according to The Associated Press.
In a lawsuit against Worldwide Surrogacy, West alleges that she was told she could be responsible for $250,000 under the agreement if she did not terminate the pregnancy. TMZ, which obtained the lawsuit, first reported the claim.
West said she had an abortion scheduled in May but ultimately decided not to go through with it. She also said she offered to raise the child herself.
California couple Nausheen Gilkar and Omar Ahmed, who entered into the surrogacy agreement with West, dispute her account. In court filings, they say West initially agreed to terminate the pregnancy but later changed her mind and stopped communicating with them, according to the AP.
The pair is suing West, alleging she breached the surrogacy agreement and seeking up to $250,000 in damages, the AP reported.
A Texas judge granted Gilkar and Ahmed temporary decision-making authority over the child, while West is challenging their custody and parental rights.
Texas Attorney General Ken Paxton intervened in the case in support of West, notifying two Texas hospitals of their legal obligations to provide life-sustaining medical care to the baby, according to the AP. A Dallas judge later ordered that the baby receive life-sustaining treatment.
The newborn is receiving treatment in Dallas. Hypoplastic left heart syndrome requires multiple surgeries, with the first typically performed within days or weeks after birth, according to the CDC.
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