Baby with heart defect carried by surrogate must receive care, Texas court says
Summary
A Texas court ruled that a baby with a rare heart defect, carried by a surrogate from Alaska, must receive lifesaving surgery after birth. Texas Attorney General Ken Paxton intervened to ensure medical care, despite disagreement between the surrogate and the intended parents.Key Facts
- The surrogate, McKenna West, was about 20 weeks pregnant when the fetus was diagnosed with hypoplastic left heart syndrome, a serious heart defect.
- The intended parents, Nausheen Gilkar and Omar Ahmed, wanted West to have an abortion but she refused and went to Texas for protection and medical care.
- Children with this heart defect usually need three surgeries, starting within two weeks of birth.
- The intended parents have not agreed to the surgery and may try to move the child out of Texas to avoid treatment.
- Texas law requires babies born in the state to receive care regardless of contracts or agreements.
- A court order states the baby must receive lifesaving care when born and appoints a guardian to represent the child.
- The order gives medical decision responsibility to the intended parents under court supervision, with emergency hearings planned if treatment is refused.
- Attorney General Paxton said his office will protect the baby’s right to receive care under Texas law.
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