A surrogate who refused to abort a fetus diagnosed with a treatable heart defect secured an early legal victory Tuesday after Texas Attorney General Ken Paxton intervened on her behalf. The ruling aims to ensure the infant receives necessary medical treatment upon birth.
McKenna West, an Alaska nurse and mother of two, is carrying a child she has named Gabriel, who was diagnosed with hypoplastic left heart syndrome. West petitioned a family district court in Dallas County, Texas, to allow the child to remain in Texas and receive potentially life-saving treatment. Texas Attorney General Ken Paxton submitted a brief arguing that state law mandates physicians provide medically necessary treatment. Less than 24 hours later, an associate judge issued a temporary restraining order preventing anyone from obstructing the infant's necessary treatment when he is born early next month. The judge also appointed a legal guardian to ensure Gabriel receives all necessary treatments for his condition.
"The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves," Paxton stated. "My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel's wellbeing."
West had previously filed a counter-suit in Alaska seeking sole custody of the baby to allow him to receive treatment in Texas. She had researched the condition and found a Dallas hospital with a high success rate for the necessary surgeries. The biological parents, Nausheen Gilkar and Omar Ahmed, have been pursuing their own lawsuit in California, initially seeking to have West give birth in that state and leaving open whether they would allow life-saving surgery or only palliative care.
The surrogate's legal battle began after a 20-week ultrasound revealed the fetus's heart defect. West, who is morally opposed to abortion, was reportedly informed by an agency liaison that the biological parents were concerned about the child's future quality of life and requested she undergo an abortion. West expressed dismay at the prospect of a procedure that would terminate the fetus's life.
While Tuesday's ruling prevents anyone from withholding treatment, it also prohibits West from making medical decisions for the child. The biological parents retain the right to make medical decisions. However, neither West nor the biological parents can intervene if medical professionals at specified Dallas hospitals determine a treatment is necessary to save the infant's life. The court has scheduled another hearing for August 25.
Lila Rose, founder of Live Action, which assisted West in connecting with legal counsel, praised the court's decision to protect the baby but noted the ruling also prevents West from having contact with the child after birth, calling it "deeply unjust."