Surrogate Refuses Abortion, Parents Seek $100k in Countersuit

When a surrogate mother declined to terminate a pregnancy after a fetal heart defect was diagnosed, the biological parents of the newborn, McKenna West, filed a countersuit demanding more than $100,000. The dispute centers on the terms of the surrogacy agreement and the surrogate’s right to make medical decisions.

Background of the Surrogacy Arrangement

McKenna West was born through a commercial surrogacy arrangement. The parents had agreed to a contract that outlined financial responsibilities, medical care, and decision‑making authority. The surrogate, who had been carrying the pregnancy for several months, was presented with a diagnosis of a serious heart defect in the fetus.

The Decision to Continue the Pregnancy

Faced with a medical recommendation to terminate the pregnancy, the surrogate chose to continue. She cited personal and ethical reasons for her decision, stating that she believed the baby could still have a chance at life. The parents, however, felt that the contract required them to be involved in such critical medical choices.

Legal Fallout and the Countersuit

Following the birth, the parents filed a countersuit seeking more than $100,000 in damages. They argue that the surrogate’s refusal to follow the agreed medical protocol breached the contract and caused financial harm. The surrogate counters that she was within her rights to make the decision and that the parents’ demands exceed the contractual obligations.

Implications for Surrogacy Contracts

This case highlights the importance of clear language in surrogacy agreements, especially regarding medical decisions and termination. Courts may need to interpret whether a surrogate’s autonomy can override contractual terms when a fetus’s health is at stake.

For more details, read the full report on Fox News.

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