Washington, Aug 12 (IANS) A Texas court has ordered that life-saving medical care be provided to a baby diagnosed before birth with a serious heart condition, after the state intervened in a dispute involving a surrogate mother and the child’s intended parents.
Texas Attorney General Ken Paxton announced Tuesday that his office had secured the emergency order in a Dallas County parentage case involving the unborn child, identified as baby Gabriel.
The child has been diagnosed in utero with hypoplastic left heart syndrome, which requires surgical intervention shortly after birth, according to the Texas Attorney General’s Office.
The surrogate mother travelled to Texas to seek protection and medical care for the baby, the office said. It alleged that the intended parents had refused to agree that they would consent to the surgery after the child was born.
The order bars the child from being removed, discharged or transferred while the proceedings are underway.
The hospital and treating physicians must immediately notify the court and all parties when the child is born. They must also report the baby’s initial medical assessment, any refusal to consent to medically indicated treatment and any request to discharge, transfer or transport the child.
If consent for medically indicated treatment is refused, the court will hold an emergency hearing to determine whether intervention is warranted under Texas and federal law, according to the Attorney General’s Office.
The order states that it does not limit the surrogate mother’s right to make decisions necessary to protect 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,” Paxton said.
“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.”
Paxton’s office said it had notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of what it described as their legal obligations to provide the baby with life-saving care.
The emergency order followed the state’s intervention less than 24 hours earlier in the parentage case.
The Attorney General’s Office characterised the ruling as a temporary measure intended to preserve the child’s access to treatment while the court considers the underlying legal questions. It released the temporary restraining order and a separate order granting temporary relief.
Hypoplastic left heart syndrome is a congenital condition in which structures on the left side of the heart are severely underdeveloped. Babies born with the condition generally require specialised treatment soon after delivery.
The case brings together questions involving parental authority, surrogate pregnancy and the state’s responsibility to protect a child after birth. The court has not yet issued a final ruling on the underlying parentage dispute.
–IANS
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