Texas Attorney General Ken Paxton secured an emergency court order Aug. 11 intended to ensure that a child known as baby Gabriel receives life-saving medical care upon his birth, less than 24 hours after his office intervened in a Dallas County parentage case, according to a news release from the Office of the Attorney General.
The child was diagnosed in utero with hypoplastic left heart syndrome, a serious congenital heart condition that typically requires a series of staged surgeries beginning shortly after birth, the office said. According to the release, the child’s intended parents demanded that the surrogate mother undergo an abortion after learning of the diagnosis at approximately 20 weeks. The office said the surrogate mother refused, traveled to Texas for protection and sought to be near doctors experienced in treating the condition, while the intended parents have refused to agree that they will consent to the surgery after the child is born.
As part of its intervention, the attorney general’s office asked the district court to enter orders directing the child’s care upon birth, prohibiting his removal from the state and setting an expedited hearing on any refusal of treatment. The office also formally notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of what it described as their independent legal duty to provide the child medically necessary care, stating that physicians may provide emergency life-sustaining treatment without parental consent or a court order.
Under the emergency order, life-saving medical care must be provided upon baby Gabriel’s birth without delay, and no one may withhold or obstruct necessary treatment or remove, discharge or transfer the child while the court considers the case, the release stated. The hospital and treating physicians must immediately notify the court and all involved parties of the child’s birth, his initial medical assessment, any refusal of consent to medically indicated treatment, and any request to move the child. If treatment is refused, the court will hold an emergency hearing to determine whether intervention is warranted under Texas and federal law. According to the release, the order does not limit the surrogate mother’s right to make decisions to safeguard her own health or the health of 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 the release. “My office utilized every tool at our disposal to protect life, and we will not back down in continuing to support baby Gabriel’s well-being.”
The attorney general’s office said it will continue to monitor the case closely and pursue all available legal remedies.