Texas court rules that baby with heart defect born to surrogate must receive treatment

A surrogate mother gave birth to a baby with a heart defect on Wednesday, one day after Texas Attorney General Ken Paxton intervened in the case to guarantee the baby received lifesaving medical care, according to an organization representing the surrogate. 

McKenna West, who is from Texas, learned 20 weeks into her pregnancy that the baby she was carrying had a rare and serious congenital condition where the left side of the heart is underdeveloped, according to Paxton. 

The intended parents, CBS News reported, who were identified in court documents as Nausheen Gilkar and Omar Ahmed of California, requested West undergo an abortion after they learned about the diagnosis, Paxton's office said. West refused and traveled to Texas to ensure the baby, identified as Gabriel, could receive treatment after birth. 

A Texas court on Tuesday ordered that the baby receive lifesaving care once born. The ruling also imposed a restraining order that says Ahmed and Gilkar, not West, are responsible for medical decisions within the requirements of the court order. 

"Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care," Paxton said in a statement. 

West's lawyer, Lincoln Davis Wilson, told CBS News that so far, besides the known heart condition, signs were positive. Due to court orders, West was not allowed contact with the child after birth, Wilson said.