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Baby born after court order
A surrogate, McKenna West, refused to abort a fetus diagnosed with hypoplastic left heart syndrome and gave birth early on Wednesday in the Dallas area, with her attorney Lincoln Wilson telling The Dallas Morning News that the newborn was named Gabriel.
“delivered the newborn baby she named Gabriel in the Dallas area on Wednesday”
The dispute began in April after the unborn child was diagnosed at 20 weeks, and the surrogacy contract contained a clause that allowed terminations if there was an “anomaly” during the pregnancy.
Texas Attorney General Ken Paxton intervened and the emergency court order required two Dallas hospitals to provide critical care, including intensive treatment and at least one surgery, after Paxton’s office argued the move was necessary to stop the baby from being taken out of the state.
Newborns diagnosed with HLHS require surgery almost immediately after birth in order to survive beyond their first week, and ABC News reported that a judge ordered life-sustaining treatment a day before the birth.
West’s legal team said a separate court order prohibited her from currently seeing the baby, even as Wilson said the baby would undergo life-saving care for his congenital heart condition.
Competing claims and quotes
Lee Budner, an attorney for the biological parents, told The Texas Tribune that “Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs,” while also confirming the baby was receiving medical care by a team of pediatric experts.
Budner rejected claims by West and Paxton, accusing them of turning a family tragedy into “political theater,” and ABC News reported that he said the baby was receiving medical care and accused West and Paxton of doing so.
Paxton said in a Tuesday news release, “My office utilised every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s wellbeing,” and CBS News described the court order requiring lifesaving care after birth.
West’s attorney, Lincoln Davis Wilson, said, “She has taken on great personal risk to herself,” and CBS News reported that West was not allowed any contact with the child after birth due to the restraining order.
The Texas Tribune reported that the biological parents’ attorney said the baby was not named Gabriel, despite Paxton and West calling the baby by that name, underscoring the conflict over identity alongside the medical fight.
What’s at stake next
The emergency court order in Dallas directed UT Southwestern Medical Center and Children’s Medical Center of Dallas to provide life-saving care and said the order prohibits anyone from withholding or obstructing necessary treatment or removing, discharging or transferring the baby while the court considers the case.
“secured an emergency order requiring that Gabriel receive medically necessary, life-saving treatment”
The order also required the hospitals and treating physicians to notify the court and the parties of the baby’s birth, initial medical assessment, any refusal of medically indicated treatment, and any request to discharge or transfer him, with an emergency hearing if treatment is refused.
The Hill reported that Texas enacted laws in 2022 that prohibit almost all abortions, with exceptions for “situations in which the life or health of the patient is at risk,” and CBS News said the court order also appointed a guardian ad litem to represent Gabriel’s interests.
ABC News reported that University of Texas School of Law professor Rachel Rebouché said disputes like this are rare and that contracts are “aspirational, not enforceable in court,” while Texas law gives parents rights to make decisions about medical care but not to deny care in a manner that amounts to medical abuse or neglect.
A hearing is scheduled for Aug. 25, and the New York Post reported that if Gabriel eventually leaves the hospital, it is not immediately clear what the legal outcome will be, even as West’s legal team said she would consider taking the child if the courts permit.
