Breach of contract lawsuit involves surrogate mother and baby name Gabriel in the US
A new legal step emerges in the controversy involving a surrogate mother and the biological parents of a baby with severe heart disease in the United States, with the surrogate mother, McKenna West, being sued for breach of contract. The lawsuit, which was filed on August 20, 2026, adds the dispute over the newborn’s name and location to the already complex case involving the child’s medical treatment. Nausheen Gilkar and Omar Ahmed, the biological parents, are seeking damages of more than $100,000.
Dispute over newborn’s name intensifies legal battle
The main point of conflict in this new process centers on choosing the baby’s name. While the biological parents refer to the boy as Rumi, surrogate McKenna West uses the nickname Gabriel. Court documents note that the parents claim that the choice of a different name directly violates the surrogacy agreement, signed in August of the previous year through Worldwide Surrogacy Specialists LLC. West, in turn, argues that Gabriel is just an informal nickname and does not interfere with the baby’s official registration as Rumi. The nurse also justifies the use of the nickname as a way of preserving the child’s privacy. According to his defense, a California judge had already recommended that the parties avoid using both Gabriel and Rumi so as not to aggravate the dispute.
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Violation of contractual agreement and financial requirements
The most comprehensive lawsuit against McKenna West seeks damages in excess of $100,000. The biological parents claim that West initially agreed to terminate the pregnancy after the fetus was diagnosed with a serious heart condition. However, the surrogate reportedly changed her mind and subsequently ceased communication with the couple. This allegation constitutes one of the pillars of the accusation of breach of contract, since such agreements often detail the responsibilities and decisions to be taken in scenarios of medical complications, making the change of stance a critical point in the legal dispute.
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Baby’s heart condition and change of birth location
The baby’s health condition is a central factor in the dispute. During an ultrasound performed in the 20th week of pregnancy, left ventricular hypoplasia syndrome, a severe congenital heart disease, was diagnosed. The Centers for Disease Control and Prevention (CDC) reports that this condition can be treated with a series of surgeries shortly after birth, but without intervention, it can be fatal in the first days or weeks of life.
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Faced with the diagnosis, West decided to remain in Texas, after finding a hospital that specialized in the procedure needed for the baby. This decision, however, went against the biological parents, who had planned the birth in California. They claimed that the change of status would take their son away from the medical team that was already ready to monitor the treatment.
Birth and first surgery in Dallas
The baby was born on August 12 and underwent the first of three planned heart surgeries, known as the Norwood procedure. The parents’ lawyer, Lee Budner, reported that the child remains in a “critical and complex” condition after the intervention. The complexity of the baby’s condition adds a layer of urgency and sensitivity to the entire legal process.
Next steps and what is still unknown about the case
The legal situation between McKenna West and baby Gabriel’s biological parents continues to develop, with the court analyzing both parties’ allegations regarding breach of contract and compliance with agreed terms. So far, there is no information about the outcome of the process or the next legal steps, leaving uncertainty about the future of custody and the child’s official name.
