Texas Attorney General Ken Paxton has removed himself from a multistate surrogacy case in which a birth mother fled to Texas after she said the child’s biological parents tried to force her to get an abortion — a claim the couple denies.
Paxton, who filed a notice of nonsuit Wednesday after intervening in the case, said in a press release his office is withdrawing after achieving his goal of securing an order from the court forcing a Dallas hospital to treat the baby at the center of the controversial case, who was born with a serious birth defect and is currently recovering after open heart surgery.
“My office used every legal tool at our disposal to ensure baby Gabriel was able to receive the life-saving care he needed," Paxton said, using the birth mother's name for the baby.
McKenna West, a surrogate for a California couple, fled from Alaska to Texas this year after she said the couple requested she get an abortion due to the baby developing a congenital heart condition.
The biological parents, Nausheen Gilkar and Omar Ahmed, have named the baby boy Rumi.
An attorney for West said he had no comment at this time.
If Paxton's withdrawal is granted, it would drop the order that prevented West from taking the baby out of Texas or the hospital.
But another Temporary Restraining Order requested by Ahmed and signed by the judge still stands. That order prevents West from making any medical decisions on behalf of the child, exercising any possession of the child, representing herself as the child's guardian or removing the child from the hospital.
A hearing to determine if that order should continue to stand is scheduled for Tuesday.
Paxton intervened in the case just days before the West was to give birth. At his request, the judge ordered a Dallas hospital to give live-saving care.
He also sent a letter to the hospital saying it had a legal obligation to provide care to the baby.
The child was diagnosed with hypoplastic left heart syndrome — a rare congenital heart defect where the left side of the heart doesn’t develop fully about 20 weeks into the pregnancy.
The baby's condition after the surgery is unknown.
Dylan Duke is KERA's breaking news reporter. Got a tip? Email Dylan at dduke@kera.org.
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