Daijiworld Media Network - Washington

Washington, Aug 12: 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 said on Tuesday that his office had secured an 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, a serious congenital condition that requires specialised treatment and 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 declined to agree that they would consent to surgery after the child's birth.

Under the court order, the child cannot be removed, discharged or transferred while the proceedings are pending.

The hospital and treating physicians have been directed to immediately notify the court and all parties when the baby is born. They must also report the child's initial medical assessment, any refusal to consent to medically indicated treatment and any request to discharge, transfer or transport the baby.

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 does not restrict 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 came less than 24 hours after the state intervened in the parentage case.

The Attorney General's Office described 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 along with 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 medical treatment soon after delivery.

The case involves questions surrounding 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.