Surrogate McKenna West vows legal fight against bio parents of baby they wanted her to abort, lawyer says: ‘She is the mother’

The surrogate who refused to have an abortion despite the wishes of the baby’s biological parents vowed Thursday to take the legal fight all the way to the Supreme Court — with her lawyer declaring, “She is the mother.”

Lincoln Wilson, an attorney for surrogate McKenna West, told The Post she’s planning a full-throttle court battle to become the legal parent of baby “Gabriel,” who was born in the Dallas area Wednesday.

“She is seeking parentage of the child because she gave birth in Texas, and in Texas, if you give birth to a child, it’s your child,” Wilson said.

Wilson said the reason the baby’s LA-based biological parents, Nausheen Gilkar and Omar Ahmed, currently have custody is because of a California order he considers “void.”

“We think that once that California judgment is removed … that basically she is the mother under Texas law,” Wilson said.

“We are taking that challenge up through the California courts, and we’ll take it up to the US Supreme Court if we have to.”

The biological parents had asked that their unborn child be aborted after he was diagnosed with a severe but treatable heart condition earlier this year.

The surrogacy contract between West, a nurse from Alaska, and the biological parents contained a clause that allowed terminations if there was an “anomaly” during the pregnancy.

But after the couple asked West to abort the fetus, she refused and instead traveled to Texas, where she would be recognized as the birth mother under state law.

Wilson said Thursday surrogacy contracts like the one in West’s case are common — but likened them to a “hitman contract.”

“These forced abortion clauses that demand that women have to be required to abort a child at the late term are quite common in surrogacy contracts,” he said.

“There’s some contracts the law doesn’t enforce. Like the law doesn’t enforce a hitman contract,” he said. 

“This is basically a hitman contract, and we think that even if you accept a liberal view of abortion rights, the right to get an abortion also entails the right to not get an abortion.”

West currently has no legal authority over the baby to whom she gave birth, under a temporary restraining order filed by the couple.

The restraining order reportedly strips her of any decision-making about the infant’s care, including on medical decisions, and bars her fro  representing herself as a parent.

Wilson said the baby will soon undergo a series of heart surgeries at a hospital with an excellent track record.

“Within a few days, the first of three surgeries will be performed. It’s called the Norwood procedure,” Wilson said. 

“But thankfully, we are at a hospital that has a 100% success rate in giving that procedure, so we know that she and well, at this point, baby Gabriel are in good hands.”

The fierce legal battle first began in April after the unborn child was diagnosed with the severe heart condition, hypoplastic left heart syndrome, at 20 weeks. 

West, who named the baby Gabriel, was not allowed to see or hold the baby due to the court order.

Ahmed and Gilkar have reportedly picked a different name for the boy.