Attorney General Ken Paxton is intervening in the parentage case of an unborn Dallas County baby, known as baby Gabriel, whose surrogate mother fled to Texas after his intended parents demanded that he be aborted upon discovery of a serious, yet treatable, heart condition.
Baby Gabriel was diagnosed in utero with hypoplastic left heart syndrome (HLHS), a serious congenital heart condition. Treatment usually requires three staged surgeries, starting with the Norwood procedure shortly after birth.
Paxton has now formally notified both UT Southwestern Medical Center and Children’s Medical Center of Dallas about the situation and filed an intervention in the parentage suit to ensure Gabriel receives the life-saving medical care required with his heart condition.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” said Paxton. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
Alaskan nurse and single mother McKenna West agreed to be a surrogate for a California couple as a way to make extra income for her family.
Live Action reports that West’s pregnancy progressed smoothly until the 20-week ultrasound, at which time Gabriel was diagnosed with HLHS.
West researched the condition after the diagnosis and discovered that Children’s Medical Center of Dallas is known for its 100 percent success rate in recent years with the Norwood procedure.
However, shortly after the diagnosis the intended parents demanded that West abort the baby.
After West refused to go through with the abortion, the intended parents filed suit requesting that West relocate to California for the birth. West agreed, with the condition that Gabriel is provided surgery upon birth.
West has since fled to Texas.
Paxton’s office has alleged that Gabriel’s intended parents have refused to consent to the life-saving surgery and may try to transport him outside of Texas to prevent the treatment.
Kimberlyn Schwartz, director of media and communication for Texas Right to Life, told Texas Scorecard that the state is “absolutely doing the right thing” in this situation.
“Baby Gabriel is known and loved by God, and he deserves to live a happy and full life,” said Schwartz. “We’re praying for McKenna, the attorney general’s team, the judges, the doctors, and for a change of heart for the intended couple.”
“We also pray that this story will be a catalyst for protecting children from surrogacy,” Schwartz added.
While the parentage dispute is pending in California, Texas is intervening by requesting that the court “enter orders providing for the child’s care upon birth, barring his removal from Texas, and setting an expedited hearing on any refusal of consent.”
Direction has been given by Paxton to both UT Southwestern Medical Center and Children’s Medical Center of Dallas that they have an obligation to provide any life-saving treatment to the infant once he is born.
“The pending parentage dispute determines who speaks for the child,” Paxton argues. “It does not determine what life-saving treatment must be provided to the child.”
Paxton has also directed the hospitals to “make no discharge, transfer, or release for transport without prior notice to the court,” and to “act on no order of another state concerning this child’s custody or care without first notifying the court.”
