Ken Paxton Steps Into Heated Surrogate Abortion Battle: ‘Baby Gabriel Deserves a Chance’

AP Photo/Eric Gay, File

Texas Attorney General Ken Paxton (R) has stepped into a heated abortion battle between biological parents and a surrogate from Alaska.

On Tuesday, Paxton’s office announced he had “intervened in a Dallas County parentage case to protect the life of an unborn child who is expected to be born imminently with a serious but treatable heart condition.”

“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,” Paxton wrote on X. Paxton is currenlty the Republican nominee for U.S. Senate in the state.

The fetus at the heart of the debate is known as Baby Gabriel. He was diagnosed with Hypoplastic Left Heart Syndrome (HLHS), a congenital condition in which “the left side of the heart does not form correctly during pregnancy,” which means “the left side of the heart cannot pump oxygen-rich blood to the body properly,” per the CDC. Infants born with HLHS need surgery “soon after birth.”

The biological parents, Nausheen Gilkar and Omar Ahmed, met surrogate McKenna West, through Worldwide Surrogacy Specialists, LLC. The trio signed an agreement in Alaska, and West “agreed to the intended parents’ parental rights that recognize that they will make choices relating to the fetus,” The Texas Tribune reported Tuesday.

After receiving the diagnosis at 20 weeks gestation, Gilkar and Ahmed reportedly asked West to undergo an abortion. She refused. Paxton’s filing also indicates Gilkar and Ahmed do not wish for the fetus to undergo surgery or treatment upon birth.

The Texas Tribune also reported Gilkar and Ahmed “want to bring the child back to California after the child is born so they can make treatment decisions under their state’s law.”

Texas law allows the state to make decisions for a newborn child, even if those decisions override what parents have requested.

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

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