AUSTIN, Texas — Texas Attorney General Ken Paxton has intervened in a court case involving a surrogate mother who came to Texas seeking medical treatment for a baby diagnosed with a severe heart defect after the intended parents allegedly refused to consent to the procedure.
Paxton’s office obtained a court order that bars anyone from refusing necessary medical treatment for the baby, identified as Gabriel, and prevents anyone from removing the child from Texas while the court considers the case.
The surrogate, McKenna West, asked a Dallas County family district court to allow the baby to remain in Texas for treatment.
“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,” Paxton said.
Paxton also sent letters to UT Southwestern Medical Center and Children’s Medical Center of Dallas reminding the hospitals of their legal obligations to provide necessary care to the child.
According to the attorney general’s office, doctors diagnosed the baby with hypoplastic left heart syndrome at 20 weeks of pregnancy. The filing states that the intended parents allegedly asked West to have an abortion after receiving the diagnosis.
West then came to Texas to continue the pregnancy and give birth under Texas law.
Paxton’s filing states that the intended parents refused to consent to heart surgery for the baby. It also states that they may seek to have the child transported to California after birth to make medical decisions under California law.
Hypoplastic left heart syndrome is a congenital heart defect that prevents normal blood flow through the heart. The Centers for Disease Control and Prevention says infants with the condition generally require multiple surgeries soon after birth to improve blood flow and heart function.
Some patients also require medications or, in some cases, a heart transplant.
