A surrogate mother is battling a couple who contracted her to carry their baby as they want the pregnancy aborted after the child was diagnosed with a heart defect.

McKenna West, a nurse from Alaska, is arguing that post-birth surgery should be performed on the child – whom she has named Gabriel – and claims the couple who entered a surrogacy contract with her are refusing to allow the surgery after she denied their abortion request.

The intended parents allegedly stopped sending Ms West payments following her decision and demanded that she repay money they had already provided, along with damages for breaching the surrogacy agreement.

The couple have also filed legal proceedings in California to establish their parental rights over the child, and have asked the court to require Ms West give birth in the state.

According to Ms West, the intended parents have indicated they would provide only “comfort” care after the birth rather than the operations required to treat the baby’s condition.

She wishes to give birth in a hospital in Texas with a high success rate treating infants with the same condition.