Baby born, scheduled for life-saving surgery after surrogacy dispute

A baby with a life-threatening heart defect was born Wednesday in Dallas to a surrogate mother, the day after a Texas court ruled that he must receive necessary medical treatment, according to pro-life activist Lila Rose of Live Action.  Baby Gabriel's intended parents refused a surgery to repair the defect. The surrogate mother, who fled to Texas to seek legal help from officials, was not allowed to see or hold him after his birth, Rose said. However, the court’s decision sets him on a path to life-saving care, she said.

A Dallas County district court on Tuesday allowed state officials to intervene in the unusual surrogacy dispute, which began before the baby’s birth. The court ruled that once the child was born alive in Texas, the state would have the obligation to ensure that he received medically necessary treatment to keep him alive, according to court documents.

The case occurred after the baby’s intended parents, who live in California, refused to authorize a life-saving surgery that would need to take place just after his birth, according to court documents. The defect in his heart has been diagnosed as hypoplastic left heart syndrome, which can lead to death or a greatly reduced quality of life if untreated. The California couple also previously asked the surrogate to abort the baby, according to Rose. The surrogate fled to Texas in hopes of getting legal protection from state officials.

The court also granted full authority over the baby to the California couple, but said they could not withhold medically necessary treatments or transport him out of Texas without the court’s approval. The surrogate mother was only allowed to make decisions about the pregnancy so far as they impacted her own health.

Dig deeper: Read Christina Grube’s report on a new Massachusetts law legalizing abortion until the moment of birth.