Texas surrogacy case raises abortion dispute over who decides treatment for an unborn child

The case of surrogate McKenna West has ties to California, Alaska and now Texas.

The intended parents live in California. West, who is from Alaska, is now in Texas seeking protection.

The case caught the attention of Texas Attorney General Ken Paxton, who, according to court documents, is requesting UT Southwestern and Children's Medical Center of Dallas provide care when the child, known as baby Gabriel, is born. The child was diagnosed with hypoplastic left heart syndrome.

According to the Mayo Clinic, it's a rare heart defect where the left side of the heart is underdeveloped. Children born with this condition need immediate surgery to avoid heart failure, or they could die. However, even after receiving the care needed, the child may still face health challenges later in life.

According to Paxton's office, the intended parents allegedly requested West get an abortion after learning about the condition. West was about 20 weeks pregnant at the time. Paxton's office said West 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," a statement from Paxton's office reads.   

Paxton's office has also asked the district court to stop Gabriel's removal from the state.

The question now is who should make the decision about treating the unborn child: the intended parents who do not want to move forward, or the surrogate who is expected to give birth any day?

According to the AG's office, once a child is born in Texas, they are protected under state law.

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