A surrogate carrying a child diagnosed with hypoplastic left heart syndrome has secured an early legal victory in Texas, with a judge issuing a temporary restraining order to ensure the infant receives necessary medical treatment upon birth. The ruling came after Texas Attorney General Ken Paxton intervened on behalf of the surrogate, McKenna West.
West, a nurse and single mother of two, petitioned a family district court in Dallas County, Texas, to allow the child she is carrying to remain in the state and receive potentially life-saving treatment. The biological parents, Nausheen Gilkar and Omar Ahmed, had previously demanded that West undergo an abortion due to the child's heart condition. They are also pursuing a lawsuit in California to establish parental rights and had asked West to give birth in that state.
Paxton submitted a legal brief arguing that Texas law requires physicians to provide medically necessary treatment. Less than 24 hours later, an associate judge issued the restraining order, preventing anyone from obstructing the infant's necessary treatment. The judge also appointed a legal guardian to oversee the child's care. "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 researched the child's condition and found a hospital in Dallas with a high success rate for the necessary surgeries. According to New York Presbyterian Hospital, babies who undergo the first of three required surgeries have a 75 percent chance of reaching age five. West had initially offered to mitigate costs for the biological parents by living in Texas. However, she was later informed by an agency liaison that the couple was still concerned about the child's quality of life and officially requested an abortion.
West expressed moral opposition to the abortion procedure. Her brother offered to adopt the child, and West then traveled to Texas to seek legal protections, as Texas law recognizes the birth mother as the legal mother of a child born in the state. However, Tuesday's ruling forbids West from making medical decisions for the child, assigning that right to the biological parents. Neither party can intervene if a doctor determines a treatment is necessary to save the infant's life. The court will hold an emergency hearing if any party attempts to refuse necessary medical treatment.
The ruling also prohibits both West and the biological parents from taking the child out of state after birth. Both parties are scheduled to return to court on August 25. Lila Rose, founder of the pro-life organization Live Action, praised the outcome for protecting the baby's life but lamented the order forbidding West from contact with the child after birth, calling it "deeply unjust."