Texas intervenes in surrogate baby medical treatment dispute

Texas Attorney General Ken Paxton has intervened in the case of a surrogate mother who came to Texas to get the court to allow treatment of the baby she's carrying with a severe heart defect after the intended parents allegedly denied the procedure.

The court order stops anyone from refusing necessary treatments and from removing the child, known as baby Gabriel, from Texas while the court considers the case. The surrogate, McKenna West, asked a Dallas County family district court to allow the child to remain in the state to get treatment.

What they're saying:

"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. "Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for."

Paxton sent a letter to UT Southwestern Medical Center and Children's Medical Center of Dallas to remind them they are legally obligated to provide necessary care for the child.

"Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care," Paxton said.

Who is baby Gabriel?

The backstory:

West came to Texas after the baby she was carrying was diagnosed in utero with hypoplastic left heart syndrome. According to a release by the attorney general's office, the baby was diagnosed at 20 weeks and, at that time, the intended parents allegedly asked West to have an abortion.

That's when West came to Texas to have the baby under Texas law.

Paxton's filing states the intended parents refused to consent to heart surgery for the baby. Paxton also said the intended parents may be planning to have the baby flown to California after birth to make treatment decisions under California law.

What is Hypoplastic left heart syndrome?

Hypoplastic left heart syndrome is a congenital heart defect that prevents normal blood flow through the heart. HLHS usually requires multiple heart surgeries soon after the baby is born to help restore heart function, according to the Centers for Disease Control and Prevention. 

Some people diagnosed with HLHS require medications to strengthen the heart, lower blood pressure or help the body get rid of extra fluid. Others may require a heart transplant.

The Source: Information in this article comes from Attorney General Ken Paxton and the CDC.

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