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Baby born via surrogate can leave Texas for treatment in California, court rules

Baby born via surrogate can leave Texas for treatment in California, court rules

Summary

The Texas Supreme Court ruled that a baby born through a surrogate can be moved from Texas to California for medical treatment. The baby, who has a serious heart condition, needs urgent surgery, and the court prioritized the child’s health in its decision.

Key Facts

  • The baby, named Rumi, has a rare heart defect called hypoplastic left heart syndrome, requiring complex surgery.
  • The baby was born via surrogate McKenna West in Texas, where abortion is illegal.
  • The biological parents, a California couple, want to take Rumi to Los Angeles for medical care.
  • McKenna West tried to stop the baby from being moved out of Texas.
  • Texas doctors said the transfer to a California hospital must happen quickly for the baby's survival.
  • There is a legal dispute over who has custody and decision-making authority for the baby.
  • Texas Attorney General Ken Paxton got involved to ensure the baby would get medical care.
  • The surrogate argued she should have rights to the baby as the birth mother under Texas law, but a California court recognized the biological parents’ custody rights.
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