AUSTIN – Attorney General Ken Paxton has 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. The Office of the Attorney General has also formally notified UT Southwestern Medical Center (“UT Southwestern”) and Children’s Medical Center of Dallas (“Dallas Children’s”) of their legal obligations to provide the baby with medically necessary, life-saving care upon birth.
The child, known as baby Gabriel, was diagnosed in utero with hypoplastic left heart syndrome (“HLHS”), a serious congenital heart condition. Treatment for HLHS typically involves three staged surgeries, beginning with the Norwood procedure shortly after birth. Based on information provided to the OAG, Gabriel was diagnosed at approximately 20 weeks. After learning of his diagnosis, his intended parents allegedly demanded that the surrogate mother undergo an abortion. The surrogate mother reportedly refused and traveled to Texas for protection. She also sought to ensure that Gabriel could be near doctors experienced in treating his condition. The intended parents have refused to agree that they will consent to the life-saving surgery upon birth and may attempt to transport the child out of Texas to prevent treatment from being administered.
Attorney General Paxton has filed an intervention in the case and asked the district court to enter orders directing the child’s care upon birth, prohibiting his removal from the state, and setting an expedited hearing on any refusal of treatment. In a letter sent to UT Southwestern and Dallas Children’s, Attorney General Paxton laid out the physicians’ independent legal duty to provide the child treatment regardless of how the parentage dispute is ultimately resolved. The letter makes clear that physicians may provide baby Gabriel with emergency life-sustaining treatment without parental consent or a court order. Attorney General Paxton urged the hospitals to provide life-saving care and reject any unlawful transfer of 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,” 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.”
The Office of the Attorney General will continue to monitor the case closely and pursue all available legal remedies to ensure baby Gabriel receives the treatment that Texas law requires.
To read the letter, click here.
To read the intervention, click here.
