RESOLVING THE LEDGER
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See the full story · 1 sourcesThe Trump administration is stepping into the battle over a Texas newborn with a severe heart defect, warning two hospitals they cannot withhold medical treatment because of his disability.
The Department of Health and Human Services’ Office for Civil Rights told Fox News Digital Thursday it is sending a letter to Children’s Medical Center of Dallas and UT Southwestern Medical Center outlining their obligations under federal disability civil rights laws as doctors make treatment decisions involving baby Gabriel.
The federal intervention comes after Texas Attorney General Ken Paxton took action to ensure the newborn receives medically necessary care after a dispute that began when his biological parents allegedly asked their surrogate to abort him after he was diagnosed with hypoplastic left heart syndrome .
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Surrogate mother McKenna West refused the request and traveled to Texas, where Gabriel was born Wednesday and taken to a neonatal intensive care unit.
In its letter, HHS' civil rights office makes clear that federal law prohibits withholding medical treatment based on a person's disability, including based on judgments that the life of someone with a disability has less value or that the individual would impose a burden on others.
Those federal protections extend to decisions involving life-sustaining treatment, according to HHS.
The agency said it is monitoring Gabriel's case and offering technical assistance to Children’s Medical Center of Dallas and UT Southwestern as the hospitals determine his care.
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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."
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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.
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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 transported 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."
Fox News Digital reached out to Children’s Medical Center of Dallas and UT Southwestern Medical Center for comment.
Fox News Digital's Robert McGreevy contributed to this report.
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