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Ken Paxton Demands Protection for Surrogate and Unborn Child with Birth Defect

A Dallas judge ordered life-saving treatment after Paxton intervened, as the newborn’s care and custody remain in dispute.

  • On Wednesday, McKenna West gave birth in Texas, one day after a judge ordered life-sustaining treatment for the newborn following intervention by Republican Texas Attorney General Ken Paxton.
  • West alleged the biological parents sought an abortion after a 20-week diagnosis, but Omar Ahmed and Nausheen Gilkar dispute these claims, citing California court filings that West violated their surrogacy contract.
  • Hypoplastic left heart syndrome affects about 925 babies annually in the U.S., requiring complex surgical repairs according to the CDC. Rachel Rebouch, a law professor at the University of Texas, noted that Texas law prevents medical neglect while surrogacy contracts are "aspirational, not enforceable in court."
  • Lee Budner, attorney for the couple, accused West and Paxton of turning the case into "political theater," stating "our clients' only focus at this time is ensuring that their baby receives the medical care that he vitally needs." A temporary restraining order prevents West from seeing the child.
  • Texas courts maintain extensive powers to order medical care in the best interest of a child when potential neglect occurs, illustrating the tension between private surrogacy agreements and state intervention authority over newborn welfare.
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RECIT - McKenna West, who was carrying the unborn child of a Californian couple, fled after an IVG application and gave birth in Texas. The fetus had a serious cardiac malformation. The Texas Attorney General, in the election campaign, is involved. A judicial arm begins.

·Paris, France
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In the U.S., a legal dispute broke out when a surrogate child was diagnosed with a heart defect, and biological parents were said to have forced the surrogate mother to abortion.

·Frankfurt, Germany
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Doctors announced at 20 weeks of growth that the fetus had a severe congenital heart disease

·Madrid, Spain
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PJ Media broke the news on Tuesday, August 11, 2026.
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