California parents sue surrogate for $100,000 over contract breach after heart-defect pregnancy

A California couple has filed a lawsuit seeking more than $100,000 from their former surrogate, accusing her of breaching their contract by refusing to terminate a pregnancy after their unborn child was diagnosed with a severe heart defect. The legal action intensifies a dispute that has spanned multiple states and ignited debate over surrogacy agreements.

Nausheen Gilkar and Omar Ahmed of California are suing McKenna West, a 28-year-old nurse from Alaska, for damages, alleging she violated the terms of their surrogacy contract. The agreement included a provision allowing termination in the case of serious fetal abnormalities. According to the lawsuit, West was paid $60,000 to carry their child via Worldwide Surrogacy Specialists.

At a 20-week ultrasound, the fetus was diagnosed with hypoplastic left heart syndrome, a rare congenital condition where the left side of the heart does not develop properly. The biological parents, through their attorney Lee Budner, have stated they wanted to discuss options including termination. West refused to end the pregnancy, subsequently traveling from Alaska to Texas.

The child, born on August 12, underwent a critical first heart surgery known...