The Trump administration has intervened in a dispute involving a surrogate mother who refused to abort a baby diagnosed with hypoplastic left heart syndrome, a treatable heart condition. The Department of Health and Human Services' Office for Civil Rights has cautioned hospitals in Texas that federal law prohibits withholding medical treatment from individuals based on disability.
McKenna West, the surrogate, gave birth to the infant, referred to as Baby Gabriel, in Dallas on Wednesday. Her decision defied the wishes of the biological parents, Nausheen Gilkar and Omar Ahmed, who had requested an abortion after learning of the baby's diagnosis. West traveled to Texas to give birth, as Texas law recognizes the birth mother as the legal mother. She has since been supported by Texas Attorney General Ken Paxton, who secured a court order ensuring Baby Gabriel would receive medical care after birth.
HHS officials informed Children's Medical Center of Dallas and UT Southwestern Medical Center that federal law extends protections against the withholding of treatment due to disability, including in decisions regarding life-sustaining care. The agency stated it would monitor Gabriel's case and provide technical assistance to the hospitals as they determine his treatment plan. HHS also recommended that the hospitals seek review from an infant care committee if doctors consider withholding or withdrawing medical treatment.
Texas Attorney General Ken Paxton had previously notified the same hospitals of their legal obligation to provide Gabriel with "medically necessary, life-saving care upon birth." Following a court order to protect the infant's life and ensure his care, 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 well-being. Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for."
The biological parents, through their lawyer Lee Bunder, confirmed they have physical custody of the child and that Gabriel is receiving medical care. Their focus, Bunder stated, is on the baby's health and following medical advice for his treatment. The couple had become concerned after a 20-week ultrasound revealed the heart defect.
West had researched hospitals and found one in Dallas with a high success rate for the necessary surgical procedures. She initially offered to mitigate costs for the biological parents by living with a friend in Texas. However, a liaison from Worldwide Surrogacy Specialist LLC informed her that the parents remained concerned about the infant's future quality of life. Subsequently, West received the abortion request, which she found morally objectionable due to the procedure involved at 24 weeks of pregnancy.
West's brother offered to adopt the child, prompting West to travel to Texas to give birth and seek legal protections. Despite securing the right for Gabriel to receive medical treatment, a court ruling prohibits West from making any medical decisions for the child, leaving those decisions to the biological parents. The parties are scheduled to return to court on August 25.