Attor­ney Gen­er­al Pax­ton Secures Emer­gency Court Order Ensur­ing Baby Gabriel Receives Life-Sav­ing Care in Texas

Less than 24 hours after intervening in a Dallas County parentage case to protect the life of an unborn child, Attorney General Paxton has secured an emergency order that will ensure that the life of the child, baby Gabriel, is protected.

Attorney General Paxton took action in court to ensure the safety of baby Gabriel. In addition, he notified UT Southwestern Medical Center and Children's Medical Center of Dallas of their legal obligations to provide the baby with life-saving care. Baby Gabriel was diagnosed in utero with hypoplastic left heart syndrome, which requires surgical intervention shortly after birth. While the surrogate mother of baby Gabriel has traveled to Texas for protection and care for Gabriel, the intended parents have refused to agree that they will consent to the life-saving surgery for Gabriel after he is born. Attorney General Paxton has now secured a legal victory that will ensure baby Gabriel's life is protected and that care is provided.

Under the court order, life-saving medical care will be provided upon baby Gabriel's birth and will not be delayed. The order prevents 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 immediately notify the court and all involved parties of the child's birth, initial medical assessment, any refusal of consent to medically indicated treatment, and any request to discharge, transfer, or transport the child. If medically indicated treatment is refused, the court will hold an emergency hearing to determine whether intervention is warranted under Texas and federal law and to protect the child's life. The court notes that nothing in this order limits the right of the surrogate mother to make decisions to safeguard her own health or the health of the pregnancy.

"The court has made the right decision in immediately acting to protect baby Gabriel's life and ensure he receives the care he deserves," said Attorney General Paxton. "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. Every child in our state deserves to be cared for and protected, and that's exactly what I'll fight for."

Click to read the temporary restraining order and order granting temporary relief for the protection of the child.