DALLAS, Texas - A Dallas County court has issued an emergency order requiring life-saving medical treatment for a baby expected to be born with a serious congenital heart condition, less than 24 hours after Texas Attorney General Ken Paxton intervened in a parentage dispute involving the child's medical care.
The case involves an unborn child identified in court proceedings as baby Gabriel, who has been diagnosed with hypoplastic left heart syndrome (HLHS). The condition affects the development of the left side of the heart and typically requires a series of surgeries beginning shortly after birth.
According to the Texas Attorney General's Office, the emergency order ensures that medically necessary treatment will not be delayed after Gabriel is born and prevents anyone from obstructing his treatment or removing him from medical care while the court considers the dispute.
Surrogate Traveled to Texas
The Attorney General's Office said Gabriel was diagnosed with HLHS at approximately 20 weeks of pregnancy.
According to information provided to the state, Gabriel's intended parents allegedly asked the surrogate carrying the child to terminate the pregnancy after learning of the diagnosis.
The surrogate reportedly refused and traveled to Texas, where she sought access to physicians experienced in treating Gabriel's condition.
Paxton's office alleges the intended parents have refused to agree that they will consent to the necessary surgery after the child's birth and raised concerns that they could attempt to remove Gabriel from Texas to prevent treatment.
Those allegations are part of the ongoing legal dispute.
Paxton Intervenes in Dallas County Case
Paxton intervened in the parentage case and asked the district court to establish protections for Gabriel immediately after birth.
His office also formally notified UT Southwestern Medical Center and Children's Medical Center of Dallas that physicians have what the Attorney General's Office described as an independent legal obligation to provide medically necessary emergency treatment regardless of how the parentage dispute is ultimately resolved.
The Attorney General's Office argued that doctors may administer emergency life-sustaining treatment without waiting for parental consent or a separate court order.
Judge Issues Emergency Protections (Temporary Restraining Order)
Less than 24 hours after the state's intervention, the court granted temporary emergency relief.
Under the order, medically indicated life-saving care is to be provided upon Gabriel's birth without delay.
The order also prohibits anyone from withholding or obstructing necessary treatment or removing, discharging or transferring the child while the court considers the case.
The hospital and treating physicians must notify the court and parties involved about several developments, including:
- Gabriel's birth
- His initial medical assessment
- Any refusal to consent to medically indicated treatment
- Any request to discharge, transfer or transport him
If consent for medically indicated treatment is refused, the court is expected to hold an emergency hearing to determine whether additional intervention is warranted under Texas and federal law.
The order also specifies that it does not restrict the surrogate mother's ability to make medical decisions necessary to protect her own health or the health of the pregnancy.
Baby Expected to Need Surgery Shortly After Birth
HLHS is a serious congenital heart defect that generally requires staged surgical treatment.
According to the Attorney General's Office, Gabriel is expected to require surgical intervention shortly after birth, beginning with a procedure commonly known as the Norwood procedure.
"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 following the ruling.
"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," he added.
The underlying parentage case and dispute over Gabriel's future medical decision-making remain before the court.
