Texas’ Pro-Life Laws Save A Surrogate Baby’s Life

An Alaskan surrogate mother, McKenna West, refused to abort the baby she was carrying after the child was diagnosed with hypoplastic left heart syndrome (HLHS), a serious congenital heart condition in which the left side of the heart does not fully develop. Instead of killing the child, which the surrogate parents demanded, West chose to flee to Texas seeking specialized medical care for the child. 

The dispute began after doctors identified the baby's heart condition during an approximately 20-week ultrasound. According to court filings and reporting, the California couple who had entered into the surrogacy agreement with West requested the pregnancy be terminated. The couple disputed West's characterization of the events and said they were concerned about the child's medical condition and intended to pursue appropriate care.

Rather than agreeing to an abortion, she offered to continue the pregnancy and reportedly indicated she was willing to assume responsibility for the child. She ultimately fled from Alaska to Texas, where she could seek medical care for the baby and where Texas law provided a very different legal environment surrounding abortion and the protection of unborn children. 

As the legal battle intensified, Texas Attorney General Ken Paxton intervened to protect the baby's access to medical treatment.

Paxton's office notified the medical institutions involved that the child was entitled to life-sustaining care. A  judge subsequently ordered hospitals to provide life-sustaining treatment to the baby and restricted the child's removal from Texas while the legal dispute continues. 

The baby was born in Dallas on August 12, 2026, and is now receiving specialized medical care. Because of HLHS, the child requires complex cardiac treatment and surgery. 

Attorney General Paxton did not look at a complicated custody dispute and decide it was somebody else's problem. He did not allow bureaucratic confusion or an interstate legal fight to become an excuse for doing nothing. He stepped forward to make sure a medically fragile child received the care necessary to survive.

Texas law recognizes the state has a compelling interest in protecting unborn life and places significant restrictions on abortion. The state's Human Life Protection Act prohibits abortions except under one very limited circumstance. 

The Texas Supreme Court has also unanimously upheld the state's Human Life Protection Act, affirming Texas law permits a physician to perform an abortion only when necessary to address a woman's life-threatening physical condition. Attorney General Paxton successfully defended the law before the state's highest court.

We applaud Attorney General Ken Paxton for stepping into this extraordinary situation and using the authority of his office to ensure this vulnerable child received life-saving medical care.

We would also like to applaud this courageous mother. She chose to save this child’s life knowing there could be legal consequences. She did not bend to pressure. She stood strong.

Texas has chosen to stand on the side of life, and Ken Paxton has demonstrated once again that protecting the vulnerable requires more than words, it requires action.

We pray for this precious child, for the medical team caring for him, and for everyone involved in the difficult circumstances surrounding his birth.