Texas AG Orders Life-Saving Care for Baby in Danger of Being Aborted in Surrogacy Dispute

Texas Attorney General Ken Paxton is stepping into an ongoing surrogacy dispute to demand life-saving care for an unborn child who is at risk of being aborted. 

BREAKING: I am fighting to save an unborn child diagnosed with a treatable heart condition and am demanding that Dallas hospitals provide life-saving care. pic.twitter.com/GWjEzRqYrk

— Attorney General Ken Paxton (@KenPaxtonTX) August 11, 2026

Baby Gabriel was diagnosed at 20 weeks with hypoplastic left heart syndrome (HLHS), a fatal condition if not treated through surgeries. Upon learning of this diagnosis, Gabriel’s parents ordered his surrogate mother to abort him. Mckenna West, the surrogate, refused and fled to Texas to seek protections. The parents are refusing to consent to the required surgeries to save the child, and are legally trying to force the birth to occur in California. Should baby Gabriel be born in California, he will be subject to palliative care rather than the life-saving surgery, which will likely end in death. 

Paxton issued an intervention into the case, which would direct the child’s care upon birth, prohibit his removal from the state, and set an expedited hearing on any refusal of treatment. He also issued a letter to Southwestern and Dallas Children’s Hospital, explaining physicians’ legal duties to save Baby Gabriel regardless of the dispute, and told physicians they may provide the life-saving care even without parental consent or a court order. 

“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” said Attorney General Paxton. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.” 

West has been fighting the surrogate parents since Baby Gabriel was diagnosed, refusing to abort the child because the surgeries have high immediate and long-term success rates. West has also agreed to relinquish all parental rights should the biological parents consent to the surgeries, which they are refusing.

The legal battle is still ongoing, as West is due to have the baby on September 3. 

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