Texas Attorney General Ken Paxtonhas intervened in a Dallas County parentage case involving a surrogate of an unborn baby with a severe heart condition seeking medical intervention when the child was born, despite the intended parents' objections.
On Aug. 11, Paxton's office secured an emergency order from the 301st Judicial District Court in Dallas County to allow the unborn child — named baby Gabriel, carried by surrogate McKenna West — to stay in the state to receive treatment.
The order stops hospitals and medical providers from refusing any necessary treatment and from removing the child from Texas while the case goes through the courts. The order also sets a hearing for Aug. 25, at which the court will decide whether further action is necessary.
“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 in a news release.
Court documents show that West entered a surrogacy agreement in Alaska with intended parents to be Nausheen Gilkar and Omar Ahmed, who live in California.
However, baby Gabriel was diagnosed around 20 weeks with hypoplastic left heart syndrome.
According to Paxton's office, the intended parents allegedly demanded that West undergo an abortion once they learned of the diagnosis. West reportedly refused and traveled to Texas for protection.
Court filings state that the intended parents have refused to agree that they will consent to the life-saving surgery upon birth, and the attorney general's office is concerned they may attempt to transport the child out of Texas to prevent treatment from being administered.
Paxton's office also sent a letterto the University of Texas Southwestern Medical Center and Children's Medical Center Dallas, informing them that Gabriel's doctors had recommended the Norwood procedure, the first of three stages of surgery to treat his heart condition.
Paxton also urged the medical centers to provide life-saving care and reject any unlawful transfer of the baby out of state.
Are abortions legal in Texas?
Under Chapter 170A of the Texas Health & Safety Code, nearly all abortions were prohibited in the state after 2022.
There are exceptions made for when the life or health of the patient is at risk, according to the Texas State Law Library; however, the state does not grant exceptions to the law in cases of rape or incest.
Penalties do not apply to a patient who receives an abortion, according to Section 170A.003 but rather those who perform the procedure could face:
- A criminal offense — a second-degree felony, or a first-degree felony if the abortion results in the death of the fetus.
- Have their license or permit revoked if they are a physician or health care professional.
- A civil penalty of at least $100,000.
If you or someone you know needs resources and support, please call the Rape, Abuse & Incest National Network (RAINN) at 1-800-656-4673 or the National Domestic Violence Hotline at 1-800-799-7233.
Mateo Rosiles is the Texas Connect reporter for USA TODAY and its regional papers in Texas. Got a news tip for him? Email him at mrosiles@usatodayco.com.
This article originally appeared on USA TODAY: Paxton secures order to protect baby Gabriel in Texas surrogacy case
