Details of the lawsuit filed by the intended parents of a baby boy born with hypoplastic left heart syndrome (HLHS) against his surrogate mother are now emerging. The couple is suing surrogate McKenna West for more than $100,000 after she refused to abort him.

Key Takeaways:

• Details of a couple's lawsuit against a surrogate mother have emerged.

• They are suing her for $100,000 in damages plus an additional, undisclosed amount.

• The surrogate, McKenna West, refused to have an abortion at the demand of the baby's intended parents after he was diagnosed with hypoplastic left heart syndrome. Facing a lawsuit, West went to Texas, where medical experts could treat the baby upon his birth.

• She gave birth last week on August 12, and the baby was immediately removed from her.

• He has now undergone the first of three necessary surgeries to treat his condition.

The Details:

Nausheen Gilkar and Omar Ahmed are suing McKenna West for $100,000 in damages, along with an unspecified additional amount for "malicious, outrageous conduct," according to TMZ.

The media outlet said it obtained the lawsuit filed against McKenna in the weeks before she gave birth to Baby Gabriel/Rumi. Gilkar and Ahmed agreed to pay the single mother of two $60,000 to carry their baby, but then wanted her to abort him after he was diagnosed with HLHS during the pregnancy.

The contract allegedly stated that West would abort based on a fetal diagnosis and a request by the intended parents for an abortion. But she was led to believe such a scenario would be very rare.

Once she was actually faced with the demand to abort him, she felt she must protect his life, even at risk to her own financial well-being. She refused to undergo a late-term abortion.

Gilkar and Ahmed deny threatening West to go through with the scheduled abortion; however, a lawsuit is a threat. As previously reported by Live Action News:

[Gilkar and Ahmed] have filed a lawsuit and are instructing West to go to their home state to give birth, but they have not stated whether they will allow doctors to perform the life-saving surgeries on baby Gabriel or if they will only provide him with 'comfort care' so that he dies shortly after his birth.

Through her attorneys, West agreed to go to California if [Gilkar and Ahmed] commit to providing Gabriel with the surgery. It appears they have not agreed to this condition, and they have sued West for not going through with the abortion.

As the couple would not commit to providing the surgeries the baby needed, West ignored the lawsuit and moved to protect his life. She said at the time:

"I want to fight for him because he deserves that chance. There's no guarantee; there's not a guarantee with anything. But he deserves a chance of living life outside of my womb. I just really pray he gets that opportunity."

What's Happening Now:

Amid the lawsuit against West because she would not kill their baby through abortion, Gilkar and Ahmed are in Texas with Baby Gabriel/Rumi, as he potentially undergoes two of the necessary surgeries. He has reportedly already undergone the first of the three, known as the Norwood procedure.

Gilkar and Ahmed have also said in court documents that Texas Attorney General Ken Paxton's intervention to ensure Baby Gabriel/Rumi received care deprived them of their...

"fundamental constituational interest in the care, custody, control and medical decision-making for their child without constitutionally adequate notice, process, and opportunity to be heard... in violation of the Due Process Clause of the Fourteenth Amendment to the United States Constitution."

They argue that Paxton did not have standing to intervene in their case. Paxton and his office had said that once born, "Texas will protect [Gabriel/Rumi's] life without regard to the circumstances of his conception or the terms of any private agreement.”

After the baby's birth on August 12, Gilkar and Ahmed were granted a temporary restraining order barring West from having contact with him, and giving the couple full decision-making power over the medical care of the baby they instructed West to abort.