A Dallas County judge has issued a temporary order preventing the removal of a baby diagnosed with a serious heart defect from Texas hospitals and requiring life-saving care after birth, according to court documents filed Tuesday.
The court’s order mandates that no person shall withhold, obstruct, or delay medically indicated stabilizing and life-sustaining care for the child upon live birth. Additionally, the order prohibits removing the baby from University of Texas Southwestern Medical Center, Children’s Medical Center Dallas, or the state of Texas pending further court proceedings. A hearing in the case has been scheduled for August 25, with the baby’s due date listed as September 2 in prior filings.
The legal dispute centers on McKenna West, an Alaskan nurse and surrogate mother, who traveled to Texas to seek medical treatment for the unborn child she is carrying. West became pregnant in December 2025 through a surrogacy agreement with a California couple, Nausheen Gilkar and Omar Ahmed, the intended parents. West was informed during an anatomy scan in her 20th week of pregnancy that the baby had hypoplastic left heart syndrome (HLHS), a congenital heart defect that requires immediate surgical intervention after birth.
West alleges that Gilkar and Ahmed requested she terminate the pregnancy after the diagnosis, according to court documents. The intended parents allegedly sought to have the baby delivered in California, where they allegedly planned to withhold life-saving treatment for the child’s heart condition. West, however, has stated her intention to proceed with the birth and ensure the baby receives necessary medical care in Texas.
Texas Attorney General Ken Paxton filed a motion to intervene in the case on behalf of the state, arguing that the court’s intervention was necessary to protect the unborn child’s right to medical treatment. In a statement, Paxton praised the ruling, calling it a defense of the baby’s access to healthcare. The court’s order does not address the underlying custody dispute between West and the intended parents but focuses solely on the provision of medical care and the baby’s location pending further proceedings.
Hypoplastic Left Heart Syndrome (HLHS) Overview
HLHS is a congenital heart defect in which the left side of the heart does not develop properly, impairing blood flow. The condition is treatable but requires multiple surgeries in the first weeks and months of life. According to the Centers for Disease Control and Prevention (CDC), the first surgery, known as the Norwood procedure, is typically performed within the first two weeks after birth. Additional procedures, including the Glenn and Fontan operations, follow in subsequent months and years to help the right ventricle function as the primary pumping chamber.
Without treatment, HLHS can lead to severe complications, including respiratory distress, weak pulse, and cyanosis (bluish skin) within days of birth. The CDC notes that early intervention significantly improves survival rates, though long-term outcomes depend on the severity of the condition and the success of surgical interventions.
Legal and Medical Stakeholders Respond
West’s legal team has not publicly detailed their arguments beyond seeking court protection for the baby’s medical care. Representatives for Gilkar and Ahmed, as well as the surrogacy agency Worldwide Surrogacy Specialists, have not responded to requests for comment, according to Newsweek. The court’s order does not resolve the broader custody or surrogacy agreement disputes but establishes a framework for the baby’s immediate medical treatment and location.
The case has drawn attention from advocacy groups on both sides of the abortion and medical care debate. Supporters of the ruling highlight the court’s role in ensuring access to life-saving treatment, while critics argue the decision infringes on the rights of intended parents in surrogacy agreements. The hearing on August 25 will provide further clarity on the next steps in the case.