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Texas Court Orders Lifesaving Care For Surrogate Baby With Heart Defect

A Texas court on Tuesday, August 11, 2026, granted Attorney General Ken Paxton's request and ordered that a newborn with hypoplastic left heart syndrome receive lifesaving medical care in Texas.[1]

The pregnancy is carried by surrogate McKenna West of Alaska for intended parents Nausheen Gilkar and Omar Ahmed of California.[1] Gilkar and Ahmed sought an abortion after the fetus was diagnosed, but West refused and moved to Dallas County to keep the pregnancy and delivery under Texas jurisdiction.[1]

The court's restraining order bars the intended parents from removing the baby from Texas to prevent treatment and requires that medical decisions be made under the court's control.[1] It also appoints a guardian ad litem, requires hospitals to be notified, and allows emergency hearings if lifesaving care is denied.[1]

The order was issued at the request of Texas Attorney General Ken Paxton, who sought state authority to ensure the newborn receives lifesaving treatment.[1]

  1. CBS News
Reproductive and Family Law Health Law and Bioethics State Courts and Attorneys General
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📌 Key Facts

  • On Tuesday, August 11, 2026, a Texas court granted Attorney General Ken Paxton’s request for an order requiring lifesaving care for a newborn with hypoplastic left heart syndrome.
  • The surrogate, McKenna West of Alaska, is carrying the fetus for intended parents Nausheen Gilkar and Omar Ahmed of California, who sought an abortion after the diagnosis; West refused and relocated to Dallas County.
  • The court’s restraining order bars the intended parents from removing the child from Texas to prevent treatment, directs that they make medical decisions subject to the order, appoints a guardian ad litem, and mandates hospital notification and potential emergency hearings if treatment is denied.

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