Baby with heart defect carried by surrogate must receive treatment, Texas court rules, after intended parents request abortion

Texas Court Orders Treatment for Baby with Heart Defect Carried by Surrogate

Wertynews.com – A baby with heart defect carried by an Alaska surrogate must receive lifesaving medical treatment after birth, a Texas judge ruled Tuesday following intervention by State Attorney General Ken Paxton. The fetus was diagnosed at approximately 20 weeks with hypoplastic left heart syndrome, a rare congenital condition affecting the left side of the heart, according to Paxton’s office.

The surrogate, McKenna West, initially agreed to carry the pregnancy for intended parents Nausheen Gilkar and Omar Ahmed of California. When the diagnosis was revealed, the intended parents requested an abortion. West declined and traveled to Dallas County for protection, ensuring the child—identified as Gabriel—would be near specialists equipped to handle his condition.

Medical Treatment Required Under Texas Law

Children with hypoplastic left heart syndrome typically require three separate surgeries. The first occurs within two weeks of birth, the second between 4 to 6 months, and the third between 18 months and 5 years of age, according to the Cleveland Clinic. This complex heart condition can cause lifelong complications for those affected.

Gilkar and Ahmed have declined to confirm they will consent to the first surgery, alleging they “may attempt to transport the child out of Texas to prevent treatment from being administered.” Meanwhile, they have petitioned a California court to order West to deliver the baby there.

“The question the Court must prepare to answer is not whether a gestational agreement is enforceable,” Paxton’s office wrote in the court filing. “The question is whether any adult, whatever parental title he or she holds, may decline life-saving surgery for a newborn who can live, because the child will live with disabilities.”

Paxton’s office emphasized that Gabriel’s treating physicians have determined surgery offers a meaningful chance of survival. The attorney general’s office noted that any gestational agreement between West and the intended parents should not override the child’s right to receive care after birth under Texas law.

Legal Protections and Next Steps

An Alaska court previously ruled that West retains the right to make her own medical decisions. In a separate letter to UT Southwestern and Children’s Medical Center of Dallas, Paxton requested that both facilities provide care and prevent Gabriel from being transported out of state.

The court order granted Wednesday requires lifesaving care when Gabriel is born. It also issued a restraining order stating that Ahmed and Gilkar—not West—are responsible for medical decisions within the order’s requirements. The hospital and treating physicians must inform the court and involved parties when the baby is born and of any medical developments.

The court appointed a guardian ad litem to represent Gabriel, specifying that if treatment is refused, an emergency hearing will convene to determine whether to intervene. “Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said Tuesday.

It remains unclear how far along West is in her pregnancy, though Paxton’s office noted the “child is about to be born.” West, Gilkar, and Ahmed have not publicly spoken about the case.

Worldwide Surrogacy Specialists LLC, the agency that connected the three parties, told CBS News it supports the rights of both surrogate and intended parents. The agency expressed belief that the matter “should have been referred to mediation where all parties would have been urged to consider the best interests of the child.”

All three parties are expected to appear in court again on August 25. An attorney for West did not immediately respond to a request for comment.

Frequently Asked Questions

What is hypoplastic left heart syndrome? Hypoplastic left heart syndrome is a rare congenital heart defect where the left side of the heart is underdeveloped, requiring multiple surgeries for survival.

What rights does a surrogate have in Texas? Texas law protects any baby born in the state, and an Alaska court previously ruled that West can make her own medical decisions regarding the pregnancy.

What happens if the intended parents refuse treatment? If treatment is refused, the court will convene an emergency hearing to determine whether to intervene on behalf of the child.

When is the next court hearing? The three parties are expected to appear in court again on August 25.