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Nancy Flanders
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Human Interest·By Nancy Flanders
Court ends emergency order meant to protect baby in surrogacy case
A Texas District Court ruled last week to vacate the emergency order that had ensured that the baby boy carried and birthed by surrogate McKenna West remains in Texas to receive the life-saving care he needs for hypoplastic left heart syndrome (HLHS).
Just days later, the Texas Supreme Court denied West's request for the baby to remain in Texas for his ongoing healthcare, noting that the baby's doctor indicated an "ICU-to-ICU transfer" is in the "child's best interest" and the "recommended transfer to time is ripe now..."
A Texas District court vacated the Emergency Order Granting Temporary Relief of the Protection of the Child that had been requested by Texas in August.
The District Court heard a motion from the guardian ad litem of the baby to modify that emergency order, finding that the genetic parents "have not refused any recommended medical treatments" for Baby Gabriel/Rumi.
Certain aspects of the Emergency Order remain in place, including that 'stabilizing and life-sustaining care shall be provided.'
On September 15, the District Court heard a motion from Susan Duesler, the Guardian Ad Litem of Baby Gabriel/Rumi, to allow genetic parents Nausheen Gilkar and Omar Ahmed to modify the court's emergency order that ensured the baby stayed in Texas for care. The court found that the genetic parents "have not refused any recommended medical treatments for the child since his birth," and "have consented to all recommended medical treatment for the child." It also found that "[t]he child is not being placed on hospice and is as well now as his treating physician believes he is expected to be before the next planned surgery."
The baby was born via surrogate (West) after the genetic parents pressured her to have an abortion; West instead sought and found specialists to treat the baby's condition in Texas. At the time, there was concern that Gilkar and Ahmed may not follow through on providing the baby with the necessary care. The State of Texas blocked them from removing him from Texas under the Emergency Order, and Duesler was appointed to act in the best interest of the baby.
The Court has now determined that some of the "restrictions" under the Emergency Order "are no longer medically recommended or necessary to protect the child's health, safety, and welfare, and in fact, may increase the risk to the chid's recovery and longevity." It ruled, "[I]t is in the best interest of the child and for the safety and welfare of the child to modify the Emergency Order." It continued:
IT IS THEREFORE ORDERED that the Emergency Order is hereby VACATED...
This means that the genetic parents can move Gabriel/Rumi to California, their home state, but only if the doctors approve it.
The Court included that while the Emergency Order is vacated, certain aspects remain in place:
Duesler shall remain as the Guardian Ad Litem
stabilizing and life-sustaining care shall continue to be provided to the baby
no one can delay that care
no doctor can provide care that is not medically indicated
the parties have the right to seek further temporary orders
The additional, unspecified relief that was requested by Duesler, Gilkar, and Ahmed was denied, according to the document.
"[T]he parents' right to direct medical care for their child is also firmly established in the law," said the Court, adding:
In this case, the evidence establishes that the child's highly-qualified treating physicians, have made and are making recommendations that are in the child's best interest and are life-sustaining, and that the parents have consented to such recommendations.
It is not the Court's job to interfere with medically recommended care of a medically fragile child, and the Court will not do so. Those decisions are to be left to the parents in concert with the medical professionals entrusted with his care.
Baby Gabriel/Rumi was born this summer to surrogate McKenna West, a nurse and single mother of two small children who was seeking a way to make more income without being apart from her children.
She believed that the baby's genetic parents would not ask for an abortion even if the baby received a health diagnosis. However, after the baby was diagnosed with HLHS, they pressured her to have a second-trimester abortion.
West was shocked, and she ultimately could not bring herself to go through with what would be a D&E dismemberment abortion.
West knew she was putting herself at risk of financial ruin, but she did not want to put the baby through such a horrific procedure — a procedure that also carried significant risks for her.
Because West refused to have an abortion, Gilkar and Ahmed stopped sending West money and wanted her to return the money they had already paid her, as well as additional damages for not aborting the baby. They are suing her for $100,000, far more than what they paid her.
West found doctors in Texas who specialized in the surgeries that the baby would need, with a 100% success rate with the first of the three surgeries. She decided to fight for custody of the baby unless Gilkar and Ahmed would commit to getting him the surgeries. They reportedly have yet to do so.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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·Human Interest·By Nancy Flanders
Court ends emergency order meant to protect baby in surrogacy case
A Texas District Court ruled last week to vacate the emergency order that had ensured that the baby boy carried and birthed by surrogate McKenna West remains in Texas to receive the life-saving care he needs for hypoplastic left heart syndrome (HLHS).
Just days later, the Texas Supreme Court denied West's request for the baby to remain in Texas for his ongoing healthcare, noting that the baby's doctor indicated an "ICU-to-ICU transfer" is in the "child's best interest" and the "recommended transfer to time is ripe now..."
A Texas District court vacated the Emergency Order Granting Temporary Relief of the Protection of the Child that had been requested by Texas in August.
The District Court heard a motion from the guardian ad litem of the baby to modify that emergency order, finding that the genetic parents "have not refused any recommended medical treatments" for Baby Gabriel/Rumi.
Certain aspects of the Emergency Order remain in place, including that 'stabilizing and life-sustaining care shall be provided.'
On September 15, the District Court heard a motion from Susan Duesler, the Guardian Ad Litem of Baby Gabriel/Rumi, to allow genetic parents Nausheen Gilkar and Omar Ahmed to modify the court's emergency order that ensured the baby stayed in Texas for care. The court found that the genetic parents "have not refused any recommended medical treatments for the child since his birth," and "have consented to all recommended medical treatment for the child." It also found that "[t]he child is not being placed on hospice and is as well now as his treating physician believes he is expected to be before the next planned surgery."
The baby was born via surrogate (West) after the genetic parents pressured her to have an abortion; West instead sought and found specialists to treat the baby's condition in Texas. At the time, there was concern that Gilkar and Ahmed may not follow through on providing the baby with the necessary care. The State of Texas blocked them from removing him from Texas under the Emergency Order, and Duesler was appointed to act in the best interest of the baby.
The Court has now determined that some of the "restrictions" under the Emergency Order "are no longer medically recommended or necessary to protect the child's health, safety, and welfare, and in fact, may increase the risk to the chid's recovery and longevity." It ruled, "[I]t is in the best interest of the child and for the safety and welfare of the child to modify the Emergency Order." It continued:
IT IS THEREFORE ORDERED that the Emergency Order is hereby VACATED...
This means that the genetic parents can move Gabriel/Rumi to California, their home state, but only if the doctors approve it.
The Court included that while the Emergency Order is vacated, certain aspects remain in place:
Duesler shall remain as the Guardian Ad Litem
stabilizing and life-sustaining care shall continue to be provided to the baby
no one can delay that care
no doctor can provide care that is not medically indicated
the parties have the right to seek further temporary orders
The additional, unspecified relief that was requested by Duesler, Gilkar, and Ahmed was denied, according to the document.
"[T]he parents' right to direct medical care for their child is also firmly established in the law," said the Court, adding:
In this case, the evidence establishes that the child's highly-qualified treating physicians, have made and are making recommendations that are in the child's best interest and are life-sustaining, and that the parents have consented to such recommendations.
It is not the Court's job to interfere with medically recommended care of a medically fragile child, and the Court will not do so. Those decisions are to be left to the parents in concert with the medical professionals entrusted with his care.
Baby Gabriel/Rumi was born this summer to surrogate McKenna West, a nurse and single mother of two small children who was seeking a way to make more income without being apart from her children.
She believed that the baby's genetic parents would not ask for an abortion even if the baby received a health diagnosis. However, after the baby was diagnosed with HLHS, they pressured her to have a second-trimester abortion.
West was shocked, and she ultimately could not bring herself to go through with what would be a D&E dismemberment abortion.
West knew she was putting herself at risk of financial ruin, but she did not want to put the baby through such a horrific procedure — a procedure that also carried significant risks for her.
Because West refused to have an abortion, Gilkar and Ahmed stopped sending West money and wanted her to return the money they had already paid her, as well as additional damages for not aborting the baby. They are suing her for $100,000, far more than what they paid her.
West found doctors in Texas who specialized in the surgeries that the baby would need, with a 100% success rate with the first of the three surgeries. She decided to fight for custody of the baby unless Gilkar and Ahmed would commit to getting him the surgeries. They reportedly have yet to do so.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Nancy Flanders
·Politics
Nancy Flanders
·Human Interest
Melissa Manion
·Human Interest
Nancy Flanders
·Guest Column
Marie Mierzejewski
·Human Interest
Tori Shaw
·Politics
Nancy Flanders
·Politics
Nancy Flanders
·Issues
Nancy Flanders
·Politics
Nancy Flanders
·Investigative
Nancy Flanders
·