Paxton steps into legal battle between surrogate and parents over unborn baby
Texas attorney General Ken Paxton became involved in a high-profile legal dispute regarding the healthcare rights of an unborn baby, known as “baby Gabriel,” amidst a broader debate over abortion and medical care. Paxton, who is campaigning for Senate, filed a petition to intervene in a Texas court case involving surrogate McKenna West, who traveled from Alaska to texas for treatment of the baby’s heart defect, and a California couple, Nausheen Gilkar and Omar Ahmed, the intended parents.The Los Angeles-based couple has sought to have West deliver the baby in California and reportedly refuses to consent to necessary medical treatment for the baby’s severe heart condition after birth.
Paxton argued that, under Texas law, once the baby is born on Texas soil, he must receive lifesaving surgery regardless of parental wishes, emphasizing that the child’s right to life and medical treatment should be protected. He sought an emergency court order to prevent the baby’s removal from Texas and to ensure he receives the required healthcare, reminding medical facilities of thier legal obligation to provide necessary treatment. The case has garnered support from anti-abortion groups, which emphasize the value of unborn life and praise Paxton’s intervention.
the legal battle highlights ongoing conflicts between parental rights, medical obligations, and state laws concerning the protection of infants with critical health conditions, with the Texas AG actively advocating for the child’s right to lifesaving care amidst a politically charged environment.
Texas Attorney General Ken Paxton waded into a high-profile legal battle on Tuesday between a surrogate and a California couple over an unborn baby’s access to lifesaving healthcare, which has captivated anti-abortion activists.
Paxton, who is running for Senate, filed a petition to intervene in the Texas court case between surrogate McKenna West, an Alaska resident who traveled to Texas to get treatment for the unborn baby’s heart defect upon his birth, and a California couple, Nausheen Gilkar and Omar Ahmed, who are the intended parents of the unborn child and have filed a different lawsuit in California court seeking to have West deliver the baby in the Golden State.
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West alleged in a court filing that the California couple asked her to get an abortion after the baby, referred to by Paxton and other activists as “baby Gabriel,” was diagnosed with hypoplastic left heart syndrome, a severe heart condition that requires treatment after birth. She also claimed that the couple wants West to deliver the baby in California and has refused to agree to allow the baby to have the lifesaving treatment for his heart condition after birth.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said in a statement. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
In the court filing seeking to intervene, Paxton’s office argued that once the baby is born on Texas soil, he must be given lifesaving surgery under state law and cannot be denied that treatment by any parental figure.
“The question the Court must prepare to answer is not whether a gestational agreement is enforceable. 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. Eighty years of Texas law, a uniform body of constitutional doctrine, and an express federal command all answer no,” the court filing from the Texas attorney general’s office said.
“The child about to be born in Dallas County will be a person, a Texan, and this Court’s ward in the oldest sense of the parens patriae tradition. The agreement that arranged his conception cannot require his death. And the statutes of this State place in this Court’s hands every instrument needed to protect him,” Paxton’s office wrote in the filing.
Paxton is seeking an emergency order in Dallas County court that would bar baby Gabriel from being removed from Texas and ensure that he is given lifesaving treatment upon his birth. The attorney general’s office also sent letters to both the University of Texas Southwestern Medical Center and the Children’s Medical Center Dallas that reminded the medical facilities of their legal obligation to give the child necessary healthcare upon birth.
Paxton’s office said it would be closely monitoring the case for further developments and would pursue all legal remedies to ensure the unborn baby receives “the treatment that Texas law requires.”
Anti-abortion groups, which have been advocating for baby Gabriel to receive access to treatment for the heart condition upon birth, praised Paxton’s intervention in the legal battle.
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“We applaud Attorney General Ken Paxton for taking swift action to protect baby Gabriel’s life,” Texas Alliance for Life Executive Director Amy O’Donnell said. “No contract should have the power to require a child to die because of a disability or diagnosis. Every unborn child is valuable and worthy of protection, and we are proud to live in a state where the sanctity of human life is recognized and protected from conception to natural death.”
Paxton, a Republican, has waded into the legal fight over baby Gabriel ahead of a hotly contested race for Senate in the Lone Star State between himself and Democratic state Rep. James Talarico. The Senate race in Texas has been rated as “lean Republican” by the Cook Political Report.
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