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Texas Attorney General Ken Paxton has intervened in a Dallas County case involving an unborn child, a surrogate and a pair of “intended parents.” “Baby Gabriel,” as the unborn child is called in the Tuesday press release, was diagnosed in utero with hypoplastic left heart syndrome (HLHS), a severe birth defect where the left side of the heart is too underdeveloped to properly pump blood to the body.
According to the U.S. Senate candidate’s statement, the child is likely to be born “imminently” and that HLHS typically requires three staged surgeries after birth, beginning with the Norwood procedure. The baby was reportedly diagnosed with the condition at about 20 weeks gestation.
Paxton’s office says the defect is treatable. Without treatment, the defect is fatal within the first few days of the baby’s life; however, according to some reports, babies who receive an established medical protocol upon birth have up to a 70% chance of surviving past age five.
Paxton’s letter continued, saying that after the diagnosis, Gabriel’s intended parents, who according to AG’s filings, live in Califormia, allegedly demanded that the surrogate mother carrying him undergo an abortion. The surrogate reportedly refused and traveled to Texas, seeking both legal protection and access to physicians experienced in treating the condition. The intended parents have not agreed to consent to the life-saving surgery after birth, and officials said they may attempt to remove the child from Texas to avoid treatment.
Paxton filed a 58-page motion to intervene in the case, asking a district court to issue orders directing the baby’s medical care after birth, barring his removal from the state and setting up an expedited hearing should the intended parents not grant consent for treatment.
Paxton’s office also sent a 10-page letter to UT Southwestern Medical Center and Children’s Medical Center of Dallas outlining what it described as physicians’ independent legal duty to treat the child regardless of the outcome of the parentage dispute. The letter states that doctors may provide emergency, life-sustaining care to the child without parental consent or a court order, and urges the hospitals to provide that care and to refuse any attempt to transfer the baby 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 in the statement. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
In late 2023 Paxton successfully prevented Kate Cox from having an abortion in Texas when doctors diagnosed the baby she was carrying with trisomy 18, also known as Edwards syndrome. She reportedly traveled out of state to have an abortion.
The case is currently before a Dallas County district court. It was not immediately clear when a hearing would be scheduled.
