The Trump administration has entered a high-stakes medical dispute involving a Texas newborn with a serious congenital heart condition, cautioning two hospitals that treatment decisions cannot be based on the baby’s disability.
The Department of Health and Human Services’ Office for Civil Rights told News Outlet on Thursday that it is sending formal guidance to Children’s Medical Center of Dallas and UT Southwestern Medical Center, reminding the institutions of their responsibilities under federal disability rights laws as doctors weigh care options for baby Gabriel.
The federal response follows action by Texas Attorney General Ken Paxton, who moved to ensure the infant receives medically necessary treatment after a dispute that reportedly began when Gabriel’s biological parents asked their surrogate to terminate the pregnancy following a diagnosis of hypoplastic left heart syndrome.
Surrogate mother McKenna West, who fled to Texas after her baby’s birth parents allegedly asked her to abort the child (Live Action)
McKenna West, the surrogate mother, refused to comply with the alleged abortion request and traveled to Texas, where Gabriel was born Wednesday before being admitted to a neonatal intensive care unit.
In the letter, HHS’ civil rights division emphasizes that federal law bars medical providers from denying or withholding care because of a patient’s disability, including decisions rooted in assumptions that a disabled person’s life is worth less or that the person would become a burden to others.
HHS said those protections also apply when hospitals are making decisions about life-sustaining medical treatment.
The agency said it is closely monitoring Gabriel’s situation while offering technical assistance to Children’s Medical Center of Dallas and UT Southwestern as medical teams determine the newborn’s course of care.
Newborn baby boy in a small transparent portable hospital bed. (iStock)
HHS is also urging the hospitals to seek a review by an infant care committee if doctors consider withholding or withdrawing medically indicated treatment. The agency said life-sustaining treatment should continue during that review.
The federal action marks the latest intervention in the dispute over Gabriel’s medical care.
West was around 20 weeks pregnant when Gabriel was diagnosed with hypoplastic left heart syndrome, a congenital condition in which the left side of the heart is severely underdeveloped. The diagnosis allegedly prompted the intended parents to ask West to have an abortion, according to Paxton’s office.
West instead traveled to Texas, and Paxton formally notified UT Southwestern Medical Center and Children’s Medical Center of Dallas of what his office said were their legal obligations to provide Gabriel with “medically necessary, life-saving care upon birth.”
July 29, 2015: Texas Attorney General Ken Paxton speaks during a hearing in Austin, Texas. ( )
Paxton later secured a court order aimed at ensuring the baby received care after birth.
“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,” he added. “Every child in our state deserves to be cared for and protected, and that’s exactly what I’ll fight for.”
The case has drawn an outpouring of support for West from conservative and pro-life advocates, who praised her decision to continue the pregnancy and fight for Gabriel’s care.
Andrew Kolvet, a spokesman for Turning Point USA, called West a “hero” on X, writing that she “saved this baby’s life” and saying he hopes she is ultimately able to keep Gabriel.
Alliance Defending Freedom, which represents West, celebrated the court order requiring Gabriel to receive the surgery. ADF Senior Counsel Erik Baptist praised West’s “courageous stand” for Gabriel and said “every child deserves a chance at life.”
Pro-life group Live Action also praised West for resisting pressure to abort Gabriel, but said the fight is not over. The group raised concerns that a court order is preventing West from having contact with the newborn, saying Gabriel “needs the comfort of the only mother he’s ever known” and that his needs should remain the priority.
Gabriel was born Wednesday and brought to a neonatal intensive care unit, where doctors could perform surgery to treat his heart condition.
“Baby Gabriel deserves a chance at life, and I will not allow anyone to unlawfully deny him medically necessary care,” Paxton previously said. “My office will use every tool available to protect innocent lives and ensure that every child receives the care required under Texas law.”
News Outlet reached out to Children’s Medical Center of Dallas and UT Southwestern Medical Center for comment.
