The State of Texas intervened to get confirmation that a Dallas doctor will treat a child who had a surrogate who traveled to Texas against the planned parents ‘ hopes for an abortion.
After his 20-week biology test, Alaska caregiver McKenna West, who carried the now-born child Gabriel for families Omar Ahmed and Nausheen Gilkar, requested that she abort him.
West left Alaska for Texas in order to get Gabriel treated in a position with pro-life laws, which Ahmed and Gilkar opposed to, which led to the parentage lawsuit. West wanted to take the child away from him.
Texas Attorney General Ken Paxton announced on Tuesday that he had written a quick in the lineage case filed in Dallas County to “identify and diligently provide the strongest officially supported basis for ensuring medically indicated, life-saving remedy where the law permits it” in support of West.
Additionally, Paxton informed the University of Texas Southwestern Medical Center ( UT Southwestern ) and Children’s Medical Center of Dallas ( Dallas Children’s ) of their legal obligation to provide Gabriel with the necessary medical care under Texas law, stating that” a gestational agreement cannot enlarge parental authority beyond what Texas law allows, and it cannot transfer to any adult the authority to direct that a child receive no treatment.”
On Tuesday afternoon, both a temporary restraining order ( TRO ) and a temporary relief order ( TRO ) prohibiting West from coming into contact with Gabriel in his current state were issued.
” Until this Court makes a further order, medically indicated stabilizing and life-sustaining treatment may be provided to the child upon the child’s life birth.” No one shall withhold, clear, obstruct, or postpone that care, according to the temporary relief order.
Ahmed and Gilka were given the authority to “make medical decisions on behalf of the child and receive protected health information concerning the child” in the TRO, while adding that this approval is subject to the relief attempt, which states that” Texas law governs the boy’s shelter and medical decision-making for the child.”
Gabriel, who was due on September 2, was delivered on Wednesday afternoon and taken to the Neonatal Intensive Care Unit ( NICU), according to Fox News. He is anticipated to have the first of a number of operations required in the first few years of his life.
In his letter to the institutions, Paxton claimed that the pending lineage debate in Dallas “determines who speaks for the child” but not “determines what life-saving therapy may be offered to the youngster.”
No medical responded to The Texan’s numerous emails and phone calls for comment by the time of release.
In addition to setting precedent for the state’s handling of for surrogacy issues moving forward, the case drew national interest, with provincial pro-life organizations like Texas Alliance for Life and Texas Right to Life highlighting it and lauding Paxton’s involvement in it. This will likely play a major role in the drafting of surrogacy-related legislation in the future 90th Congressional Session.
The Texas Senate is already conducting preliminary research on the issue in order to draft well-written legislation for the session.
State Representative James Talarico (D-Austin ), who is running against Paxton in Texas ‘ U.S. Senate race, did not respond to The Texan’s request for comment on Gabriel’s case by the time of publication.
