An unborn baby with a serious but treatable heart condition has been protected from abortion and assured necessary medical treatment after the Texas Attorney General
obtained an emergency court order in a contentious surrogacy case.
Baby Gabriel, who is being carried by Alaska surrogate McKenna West, was diagnosed at around 20 weeks with hypoplastic left heart syndrome, which leaves the left side of the heart underdeveloped. The condition can be treated with a series of surgeries beginning soon after birth.
The California-based intended parents sought an abortion under the terms of their surrogacy agreement, but West refused.
“I knew that I didn’t want to have to go through [an abortion],” West said. “I didn’t want for this baby – for his life to be cut short.”
She added, “I want to fight for him because he deserves that chance.”
After being unable to find an Alaska doctor who would perform the late-term abortion, West travelled to Texas, where hospitals can provide the specialist cardiac treatment Gabriel will require. He is due on September 2.
The Texas Attorney General subsequently intervened in the Dallas County parentage proceedings and notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of their obligations under Texas law.
A Dallas district court then issued an emergency order requiring medically necessary stabilising and life-sustaining treatment for Gabriel after birth. It also prohibits interference with that care and prevents the baby from being removed from the hospital or Texas while proceedings continue.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” the Texas AG said.
Following the ruling, he added: “The court has made the right decision in immediately acting to protect baby Gabriel’s life and ensure he receives the care he deserves. My office utilised every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
The order removes the remaining threat of abortion and ensures Gabriel can receive the medical care needed to give him a chance of survival.