Texas court orders life-saving treatment for surrogate-born baby with heart defect

A Texas district court issued an order on Wednesday requiring that a baby born to surrogate McKenna West receive lifesaving surgery for hypoplastic left heart syndrome, a rare congenital condition that typically requires three operations within the first five years of life. The ruling follows a request by Texas Attorney General Ken Paxton, who intervened after the intended parents, Nausheen Gilkar and Omar Ahmed of California, asked West to terminate the pregnancy once the diagnosis was made.

West, who traveled to Dallas County for medical protection, declined the abortion and sought care at facilities experienced in treating the condition. The court appointed a guardian ad litem for the infant, identified in filings as Gabriel, and issued a restraining order placing medical decision-making authority with the intended parents only insofar as it complies with the order. Hospital staff must notify the court of the birth and any subsequent medical developments, and an emergency hearing will be convened if treatment is refused.

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

The court emphasized that Texas law protects any child born in the state and that gestational agreements do not dictate post-birth medical care. Gilkar and Ahmed have asked a California court to allow West to deliver the child there, but have not indicated whether they will consent to the required surgeries. The case is scheduled for further hearings on Aug. 25.