Texas court orders care for baby born to surrogate

A baby boy with a rare and serious heart defect was born Wednesday in Texas to an Alaska surrogate, a day after Texas Attorney General Ken Paxton intervened in a multistate legal dispute over the child’s medical care.

The surrogate, McKenna West, gave birth after traveling to Dallas County, where Paxton’s office said she went “for protection” and so the baby, identified by Paxton’s office as Gabriel, could be near doctors experienced in treating his condition. West and her attorney’s representatives confirmed the birth to CBS News. The child’s biological parents, Nausheen Gilkar and Omar Ahmed of California, also confirmed the birth through their lawyer, the Texas Tribune reported.

“Our clients’ child was born earlier this morning and he is now receiving medical care provided by a team of pediatric experts,” Lee Budner, an attorney for Gilkar and Ahmed, said in a statement to the Texas Tribune.

The baby was diagnosed at about 20 weeks’ gestation with hypoplastic left heart syndrome, a congenital condition in which the left side of the heart is underdeveloped. The condition can interfere with the body’s ability to pump oxygen-rich blood and can cause breathing problems. Children with the condition typically require multiple surgeries soon after birth, according to the CDC and Cleveland Clinic. The Cleveland Clinic says the first surgery is usually needed within two weeks, followed by procedures at 4 to 6 months and between 18 months and 5 years. The procedures are not a cure, and lifelong complications may persist.

The case has drawn national attention because of competing claims over what happened after the diagnosis. Paxton’s office said Gilkar and Ahmed requested that West undergo an abortion. West refused and went to Texas, where abortion is banned in most circumstances except when the pregnant patient’s health is at risk. West has said she felt constrained by the surrogacy agreement.

“I felt very trapped due to this contract. I felt like I had no voice,” West said on Megyn Kelly’s podcast. “But I knew in my soul, in my heart that I wanted to protect this little boy.” In a separate interview with Live Action, an anti-abortion rights organization, she said, “It was scary to think that something might be wrong, and that I may be the one that’s not able to make a decision about the treatment.”

Gilkar and Ahmed have denied forcing West to have an abortion, the Texas Tribune reported. In a July filing from an Alaska court obtained by the outlet, attorneys for the couple wrote that the couple and West initially agreed on terminating the pregnancy. “After heartbreaking consultations with medical providers and their own research about the suffering and quality of life HLHS babies endure, A.B. and C.D. made the difficult decision to terminate the pregnancy,” the filing said, using anonymized initials. “It is undisputed that West initially agreed and that she herself made the initial appointment. She then unilaterally changed her mind, cut off all contact with A.B. and C.D., and withdrew medical releases allowing A.B. and C.D. to have contact with all medical providers.” Budner described West and Paxton’s actions to the Texas Tribune as “political theater.”

A Texas court order requires that lifesaving care be provided after the baby’s birth and bars the child from being taken out of state. The order says Ahmed and Gilkar, not West, are responsible for medical decisions within the court’s requirements. It also appointed a guardian ad litem to represent the baby and requires the hospital and treating physicians to notify the court and involved parties of the birth and medical developments. If treatment is refused, the court will hold an emergency hearing to decide whether to intervene.

West’s attorney, Lincoln Davis Wilson, told CBS News that the signs were positive beyond the known heart condition but said a court order prevented him from saying where the child is or who is caring for him. He said West was not allowed contact with the baby after birth and plans to continue seeking custody.

“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said Tuesday. Texas Gov. Greg Abbott said state law protects children from medical neglect and that the Department of Family and Protective Services would monitor the case.

Gilkar and Ahmed had previously asked a California court to order West to give birth there. An Alaska court previously ruled that West can make her own medical decisions. The parties had been scheduled to appear in court again Aug. 25, though it was unclear whether the birth would lead to an earlier hearing.