Biological mum accuses surrogate of ‘trying to steal her baby’ after refusing to have abortion as she breaks silence

McKenna claimed she had agreed to give up any claim to the baby if the couple committed to lifesaving surgery.

She said: “I’m not fighting to try to take someone else’s baby.

“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.”

“I have asked for only one thing from the very beginning: A commitment that this baby will be provided the life-saving treatment he needs. That is all it would take to end this.”

But biological mum Nasheen said she had already set up medical care in California, where they live, and claimed that McKenna had withheld the child’s medical records.

She told the court: “We didn’t even know if he was still alive for two months.”

Nasheen’s lawyer argued that surrogate McKenna had also refused to get an amniocentesis test that would have confirmed if the unborn baby would have been eligible for life-saving surgery.

The couple had previously agreed to pay McKenna £45,000 to carry their child, with a clause which stated that West must get an abortion if there were problems with the foetus.

Furious that she broke the terms of their contract, the couple sued the surrogate for at least $100,000 and cut off payments for the pregnancy.

Nasheen admits that she and her husband told the surrogate to have an abortion, but denied denying him any medical care.

Baby Rumi was born on August 12 and had to be resuscitated.

Nasheen told the court: “When they tried to give him medicine, the tube came out and he stopped breathing and chaplain was called.

“He’s suffering a lot.”

He has gone through a two-day open heart procedure, which lawyers said was delayed because McKenna had not got the amniocentesis test while pregnant.

Lawyers for the parents are asking the Texas court to dismiss McKenna’s claims for maternity, after a California court already declared Nasheen and Omar the sole parents.

Lawyers for McKenna, who filed for custody of the baby, argue she is the mother because she gave birth to the child.

She said on Tuesday: “I knew that he deserved to be protected and that he deserved a chance.”

McKenna is also suing the parents for breach of contract after they stopped paying her surrogate salary.

The temporary restraining order has been extended for two weeks as the judge considers the custody case.