AUSTIN, Texas — Texas Attorney General Ken Paxton secured an emergency court order requiring medical care for a baby with a serious heart condition in a multistate surrogacy dispute involving the child’s surrogate and intended parents.
The Dallas County court issued the order less than 24 hours after Paxton’s office intervened in the case involving McKenna West, an Alaska nurse who traveled to Texas while pregnant after allegedly refusing the intended parents’ request to terminate the pregnancy.
The baby, identified as Gabriel in court filings, has been diagnosed with hypoplastic left heart syndrome (HLHS), a congenital heart condition that can require surgery shortly after birth. The baby is expected to be born imminently in Dallas County.
According to court filings, the intended parents live in California and allegedly indicated that they would not consent to surgery after Gabriel’s birth. The state said they may seek to have the baby transported to California.
The court ordered that, once Gabriel is born alive, doctors must provide medically indicated stabilizing and life-sustaining treatment while the case remains pending. The order also temporarily prohibits removing or transporting the baby from Texas unless a physician determines that a transfer is medically necessary.
Paxton said his office intervened to protect the baby’s access to medical care.
“My office utilized every tool at our disposal to protect life,” Paxton said.
The dispute involves multiple states and questions about parental authority and medical decision-making. West entered into a gestational agreement with the California couple before becoming pregnant. Court filings state that the agreement selects Alaska law.
West traveled to Texas after Gabriel was diagnosed with HLHS at about 20 weeks of pregnancy and sought physicians experienced in treating the condition.
Texas argues that the state can intervene once Gabriel is born in Texas, regardless of the terms of the private surrogacy agreement.
The state’s filing does not challenge gestational agreements generally. Instead, Paxton’s office argues that a private agreement cannot authorize parents to refuse medically necessary treatment that could save a newborn’s life.
The case remains pending in Dallas County.