The biological parents of a baby born after their surrogate refused their request for an abortion are now seeking more than $100,000 from the woman who carried their child, alleging she breached their surrogacy agreement.

TMZ reportedWednesday that it obtained the countersuit filed by Nausheen Gilkar and Omar Ahmed against surrogate McKenna West, weeks before she gave birth in Texas Aug. 12.

The couple is seeking more than $100,000 for alleged breach of their surrogacy agreement, along with unspecified damages over what they call West's \"malicious, outrageous conduct.\"

The couple alleges they paid West $60,000 during the pregnancy under the surrogacy agreement, which included provisions addressing termination, TMZ reported. The counterclaims accuse West of breaching that deal and causing the couple emotional distress.

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The filing comes after the pregnancy became the subject of a multistate legal fight. The baby was diagnosed around 20 weeks with hypoplastic left heart syndrome (HLHS), a severe congenital heart defect. Gilkar and Ahmed allegedly asked West toterminate the pregnancyafter the diagnosis, according to Texas Attorney General Ken Paxton's office. West refused and later traveled to Texas to give birth.

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West denies wrongdoing and is asking the court to dismiss the counterclaims, TMZ reported Wednesday.

Live Action founder and President Lila Rose, whose pro-life organization has been working with West, sharply condemned the lawsuit in a statement to Fox News Digital.

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\"The people who ordered McKenna to abort this little boy because of hisheart conditionare now dragging her into court, trying to punish and financially ruin her for refusing to kill him, while demanding custody of the same child they ordered to be killed,\" Rose told Fox News Digital.

\"This lawsuit is retaliation against a courageous woman who is barely a week postpartum after carrying this baby and fighting to save his life.\"

The biological parents have disputed allegations that they threatened or tried to force West to terminate the pregnancy.The Texas Tribunepreviously reported that, in a court filing, their attorneys claimed West initially agreed to terminate and made the appointment before later changing her mind.

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The dispute has since played out in Alaska, California and Texas, with West asserting parental rights and the biological parents prevailing in key parental proceedings. West calls the baby \"Gabriel,\" while Gilkar and Ahmed call their son \"Rumi.\"

The child was born Aug. 12.LifeNews reportedTuesday that he underwent a Norwood procedure Monday, the first of three surgeries typically required for children with HLHS.

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Rose said the baby's survival underscores why West was right to refuse the abortion.

\"This child is alive today and recovering from his first life-saving surgery because McKenna had the courage to say no,\" Rose said. \"No contract can give one person the right to order the killing of another. Women are not incubators for hire, and children are not products to be discarded when they are sick.

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\"McKenna acted heroically to save the baby boy she carried, and Live Action will continue to stand with her and defend the dignity and right to life of every child.\"

Attorney Lee Budner, who represents Gilkar and Ahmed, confirmed the procedure in a statement reported by LifeNews and said the child's condition \"remains critical and complex.\" Budner has also called West's continuing claims of custody \"baseless\" and said they violate court orders in Alaska and California.

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The fight over the baby's medical care also drew intervention from state and federal officials. Paxton secured an emergency court order before the birth requiring that medically necessary care not be delayed or obstructed. His office also notified UT Southwestern Medical Center and Children's Medical Center of Dallas of their obligations to provide life-saving treatment.

\"The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves,\" Paxton said at the time. \"My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's well-being. Every child in our state deserves to be cared for and protected, and that's exactly what I'll fight for.\"

The Department of Health and Human Services’ Office for Civil Rights later notified the two Dallas hospitals of their obligations under federal disability law, including requirements barring discrimination in medical treatment based on a patient’s disability.

The parents ultimately authorized the heart surgery, and their attorney has said they are focused on their son's recovery.

West continues to seek parental rights inTexas. A hearing in the Dallas County case is scheduled for Aug. 25.

Fox News Digital reached out to Budner and Paxton's office for comment on the biological parents' counterclaims.

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The surrogate mother who refused an abortion request after the baby she was carrying was diagnosed with a serious heart defect is pressing her legal fight after the newborn underwent lifesaving heart surgery, days after she says he was taken from her just 60 seconds after birth.

McKenna West, an Alaska mother and cardiac nurse who carried the child, said Thursday she is continuing to fight for the baby after she was separated from him moments after giving birth Aug. 12.

\"I haven’t been allowed to hold this precious baby boy I carried and protected throughout my pregnancy,\" West wrote in a New York Postop-edThursday.

\"The only glimpse I got of him was during a very short 60 seconds while his umbilical cord was still connected. As soon as the cord was cut, he was taken away.\"

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West agreed last year to serve as a surrogate for Omar Ahmed and Nausheen Gilkar of California, the child'sintended parents.

According to West, Ahmed and Gilkar asked her toterminate the pregnancyafter the baby was diagnosed with hypoplastic left heart syndrome, or HLHS, at about 20 weeks. West refused and later traveled to Texas to give birth.

Ahmed and Gilkar's attorney disputes key parts of West's account and says they consented to thechild's surgeryas soon as doctors determined he was eligible.

Lee Budner, an attorney for Ahmed and Gilkar, said doctors determined on Aug. 14 that the baby, whom Ahmed and Gilkar call Rumi, was eligible for the Norwood procedure, the first of three open-heart surgeries for newborns commonly used to treat HLHS.

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\"My clients immediately provided consent for the surgery to occur at the hospital’s earliest availability,\" Budner said in an Aug. 17 statement.

The baby underwent surgery Aug. 17 and is recuperating under the care of Ahmed, Gilkar and his medical team, Budner said, adding that his condition \"remains critical and complex.\"

Budner also accused West of continuing to pursue custody despite court rulings.

\"Meanwhile, Ms. West continues to assert baseless claims for custody of Rumi, in violation of multiple courts orders out of both Alaska and California,\" he said. \"We look forward to quickly defeating those claims as Rumi’s parents continue to focus on his health and safety above all else.\"

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West, who is being represented with assistance fromAlliance Defending Freedom, has said she is not trying to take someone else's child and described her goal differently.

\"I’m not fighting to try to take someone else’s baby,\" West wrote Thursday. \"I’m fighting because this baby boy needs someone willing to advocate for and fight alongside him as he gets the ongoing treatment his fragile heart requires.\"

Live Action founder and President Lila Rose, whose organization has supported West, told Fox News Digital that West intends to continue fighting for custody.

\"McKenna is fighting for custody because Gabriel needs someone willing to defend him,\" Rose said. \"He deserves to remain protected and receive every chance to heal and live.\"

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Rose also questioned Ahmed and Gilkar's account of events leading up to the surgery.

\"If they were willing for Gabriel to receive the surgery, why did a Texas court have to ensure that he received it under the force of law?\" Rose said. \"The court intervened, and Gabriel has now received the surgery he desperately needed. Praise God.\"

Rose also alleged that Ahmed and Gilkar previously declined to consent to the baby's medical care and are now seeking to take him out of Texas. Their attorney has disputed West’s characterization of the case and said Ahmed and Gilkar consented to surgery once the baby’s medical team determined he was eligible for the procedure.

Texas Attorney General Ken Paxton previously intervened in the case, notifying two Texas medical centers of what his office said were their legal obligations toprovide medically necessary careafter the child was born.

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The Norwood procedure is the first of three surgeries typically used to treat HLHS, leaving the child's future medical care at the heart of the continuing dispute.

Budner said the child's condition remains \"critical and complex\" and that the family does not intend to provide further health updates.

West, meanwhile, said she intends to continue fighting.

\"My plea, my only goal, is simple: Let’s commit to giving this baby the full treatment he needs to live,\" West wrote.

Alliance Defending Freedom did not immediately respond to Fox News Digital's request for comment.

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Surrogate Custody Fight Follows Refusal of Abortion Request

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