Baby Gabriel, the infant at the center of a multistate legal battle over parental rights, surrogacy and medical care, was born Wednesday in North Texas, according to the surrogate mother’s attorney.
The baby’s birth came less than 24 hours after Texas Attorney General Ken Paxton intervened in the case and secured an emergency court order requiring that Gabriel receive medically necessary, life-saving treatment.
Gabriel was diagnosed before birth with hypoplastic left heart syndrome (HLHS), a serious congenital heart condition in which the left side of the heart is underdeveloped. Doctors have determined that surgery offers the newborn a meaningful chance of survival.
His surrogate mother, McKenna West of Alaska, had refused the intended parents’ request that she terminate the pregnancy after the diagnosis. She traveled to Texas to give birth near specialists experienced in treating HLHS.
According to West’s attorney, Lincoln Wilson, West gave birth Wednesday morning in the Dallas area. Gabriel will now receive treatment for his heart condition.
Emergency Order Protects Baby’s Medical Care
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 Gabriel with life-saving care.
The order prohibits anyone from withholding or obstructing necessary treatment or removing, discharging or transferring the baby while the court considers the case.
The hospitals and treating physicians must notify the court and the parties of Gabriel’s birth, his initial medical assessment, any refusal of medically indicated treatment and any request to discharge or transfer him.
If medically necessary treatment is refused, the court will hold an emergency hearing to determine whether intervention is warranted under Texas and federal law.
The order also makes clear that it does not restrict West’s ability to make medical decisions concerning her own health or the pregnancy.
“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.”
Battle Began After Heart Diagnosis
West was serving as a surrogate for a California couple, Nausheen Gilkar and Omar Ahmed, when Gabriel was diagnosed with HLHS during a 20-week ultrasound.
The surrogacy agreement that the two parties signed contained provisions addressing pregnancy termination in the event of fetal abnormalities. West said that when she expressed concern over that provision, the surrogacy agency assured her that such a situation is rare. After the diagnosis, the intended parents requested that West have an abortion.
West refused and instead researched treatment options for Gabriel, ultimately traveling to Texas, where Children’s Medical Center has experience treating infants with the condition.
The intended parents have disputed the course of action and have pursued legal proceedings concerning West and the child’s birth and medical care. Their attorney did not immediately respond to requests for comment cited in reports about the case.
The couple has also sought to establish parental rights through California proceedings. West, meanwhile, has sought custody so Gabriel can receive the surgery his doctors say he needs.
Gabriel Faces Major Medical Treatment
Children with HLHS typically require a series of surgeries, beginning shortly after birth. The first, the Norwood procedure, is generally performed within the first weeks of life, followed by additional surgeries 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 resolve the broader dispute over custody or parental rights. It instead establishes protections for Gabriel’s medical care while those issues remain before the courts.
The court found that Texas law governs the child’s protection and medical decision-making for the child so long as medically necessary, and a guardian ad litem was appointed for the infant while the custody issue works its way through the court system.
Because of the temporary restraining order, West has not been allowed to see or hold the baby that she has fought to protect.
West’s supporters have established a fundraiser to help her support her two children, remain near Gabriel’s medical team, and cover legal, travel, and living expenses associated with the case.
For now, Gabriel’s birth marks a significant development in the months-long dispute: the baby whose future became the subject of litigation has arrived, and a Texas court has ordered that his medically necessary care cannot be withheld while the legal battle continues.
