Texas Attorney General Ken Paxton has intervened in a Dallas County parentage dispute in an effort to secure life-saving medical treatment for an unborn child diagnosed with a congenital heart defect.
The child, referred to as baby Gabriel, was diagnosed in utero at roughly 20 weeks with hypoplastic left heart syndrome, a serious but treatable condition, according to the Office of the Attorney General. Standard treatment involves three staged surgeries, starting with the Norwood procedure soon after delivery.
Paxton’s office announced the intervention on August 11 and notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of what it described as their legal duty to provide medically necessary care once the baby is born.
According to the attorney general’s office, the intended parents allegedly pressured the surrogate mother to undergo an abortion after learning of the diagnosis. The surrogate reportedly declined and traveled to Texas, seeking legal protection and access to physicians experienced in treating the condition.
The attorney general’s office said the intended parents have not agreed to consent to the surgery after birth and may try to move the child out of Texas to avoid treatment.
Paxton has asked the district court to issue orders directing the newborn’s care, blocking his removal from the state, and scheduling an expedited hearing on any refusal of treatment. In its letter to the two hospitals, the office stated that physicians have an independent legal obligation to treat the child regardless of the outcome of the parentage case, and that emergency life-sustaining care may be provided without parental consent or a court order.
The office also urged the hospitals to refuse any unlawful attempt to transfer the child out of state.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton said. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
The Office of the Attorney General said it will continue to monitor the matter and pursue available legal remedies to ensure the child receives the treatment required under Texas law.
