Baby Gabriel, the infant at the center of a multistate fight over surrogacy, parental rights and medical treatment, was born Wednesday morning in North Texas and will receive care for a serious congenital heart condition.
McKenna West of Alaska gave birth in the Dallas area, according to her attorney, Lincoln Wilson. West traveled to Texas ahead of the delivery after refusing a request from the baby's intended parents to terminate the pregnancy following Gabriel's diagnosis with hypoplastic left heart syndrome, or HLHS.
His birth came less than 24 hours after Texas Attorney General Ken Paxton intervened and obtained an emergency court order requiring that Gabriel receive medically necessary, life-saving treatment.
Gabriel's condition leaves the left side of the heart severely underdeveloped. Treatment generally involves a series of surgeries beginning soon after birth, and doctors have determined that surgery gives Gabriel a meaningful chance of survival.
Court order protects Gabriel's treatment
Paxton's office announced Wednesday that it had secured an emergency order directing UT Southwestern Medical Center and Children's Medical Center of Dallas to provide the newborn with necessary care.
The order prohibits anyone from withholding or obstructing treatment. It also prevents Gabriel from being removed, discharged or transferred while the case remains before the court.
The hospitals and treating physicians must notify the court and the parties of Gabriel's birth and initial medical assessment, as well as any refusal of medically indicated treatment or request to discharge or transfer him.
If someone refuses treatment doctors consider medically necessary, the court can hold an emergency hearing to determine whether intervention is warranted under Texas and federal law.
The order does not restrict West from making decisions concerning her own medical 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 said in a news release. “Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
Surrogacy dispute followed heart diagnosis
West was serving as a surrogate for California couple Nausheen Gilkar and Omar Ahmed when doctors diagnosed Gabriel with HLHS during a 20-week ultrasound.
The surrogacy agreement included provisions addressing termination of the pregnancy in cases involving fetal abnormalities. West has said she expressed concerns about that language before signing the agreement and was assured by the surrogacy agency that such a situation was rare.
After Gabriel's diagnosis, the intended parents asked West to have an abortion.
West refused.
She instead began researching HLHS and treatment options for the baby. That search eventually brought her to Texas, where Children's Medical Center has experience treating infants born with the condition.
The intended parents have challenged West's actions and pursued legal proceedings involving the pregnancy, Gabriel's birth and decisions about his medical care. They have also sought to establish parental rights through proceedings in California.
West has sought custody so Gabriel can undergo the treatment recommended by his doctors.
An attorney for the intended parents did not immediately respond to requests for comment cited in reports about the case.
Gabriel faces series of heart surgeries
For Gabriel, the immediate issue is treatment.
Children born with HLHS typically require several operations. The first, known as the Norwood procedure, is generally performed within the first weeks of life. Additional surgeries are performed as the child grows.
Court documents cited by West's attorneys state that Gabriel appears to be a standard-risk patient for the initial procedure and that surgery offers a strong chance of survival.
The emergency order does not decide who will ultimately have custody of Gabriel or settle the competing claims over parental rights. Those questions remain before courts in Texas and California.
For now, the Texas court has focused on what happens to Gabriel medically.
The court found that Texas law governs the child's protection and medical decision-making as medically necessary and appointed a guardian ad litem to represent Gabriel while the custody issue moves through the courts.
The temporary restraining order has also kept West separated from the child she carried.
According to her attorney, West has not been allowed to see or hold Gabriel since giving birth Wednesday.
Supporters of West have established a fundraiser to help her remain near Gabriel's medical team while supporting her two children and paying the legal, travel and living expenses that have accumulated during the dispute.
Gabriel's arrival changes the immediate stakes of a case that began months before his birth. The arguments over the pregnancy have now given way to decisions about treating a newborn with a potentially fatal heart defect.
