A Texas court ruled a surrogate from Alaska must receive medical care after the baby’s intended parents demanded an abortion due to health defects.
The court issued a temporary restraining order for McKenna West, the surrogate, that stated that she could not refuse medical care in Dallas and could not remove the child from the hospital’s care.
The fetus –– called “Baby Gabriel” in a statement on Tuesday by Texas Attorney General Ken Paxton –– was diagnosed in utero with hypoplastic left heart syndrome, a condition where the left side of the heart is severely underdeveloped and unable to properly pump blood throughout the body.
Doctors recommended the Norwood procedure, which is the first of three after-birth surgeries a child with the condition must undergo.
When the intended parents in California heard about the diagnosis, they allegedly demanded West terminate the pregnancy. She refused and made her way to Dallas County, Texas, where she asked for protection in the courts and access to doctors who have treated the condition before.
Paxton intervened in the case Tuesday and reminded UT Southwestern Medical Center and Children’s Medical Center of Dallas of their obligation to treat her under federal and state law, even without a court order or parental consent.
Paxton’s office also alleged that the intended parents refused to give consent for the surgeries.
Texas enacted laws in 2022 that prohibit almost all abortions, including cases of rape or incest, but has exceptions for “situations in which the life or health of the patient is at risk.” Doctors in the state can also face felony charges if they perform abortions along with jail time, loss of one’s medical license and fines of up to $100,000.
The laws followed the Supreme Court’s decision to overturn Roe v. Wade, which ended constitutional protections for abortions at any stage.
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