Transcript (en)

with a severe heart defect. The surrogate mother right now is fighting to save the life of that baby, baby Gabriel, with medical treatment. His biological parents, though, are demanding an abortion. Texas AG Ken Paxton has stepped in, getting an emergency court order to make sure baby Gabriel receives life-saving care. Let's bring in Fox News legal editor Carrier Vaughn right now, who incidentally, Carrie, has some news to break for us. I do. This baby was just born today. I just spoke with the surrogate's lawyer and the baby is off to the NICU, is hopefully going to undergo this surgery that this hospital has a hundred percent success rate of doing when it comes to children who are born with these particular heart defects. But I think the court battle could wage on. Even after the surgery? Yes, I do. Because there's still this issue of the parents of the biological parents. They wanted the surrogate to have an abortion when she was diagnosed with at 20 weeks. This baby was diagnosed with this heart defect, but it is a very serious one, but it can be fixed through this series of surgeries that apparently this hospital in Texas is known for doing. And there's been this battle. So she fled to Texas. Ken Paxton intervened in the case. And now the attorney general's office in Texas is personally making sure that this now born baby is going to receive possibly life-saving treatment and certainly medically necessary treatment. We should point out that for folks at home that the condition is called hypoplastic left heart syndrome where the left side of the heart which pumps the blood to the body doesn ever develop properly and basically is useless So the operation reroutes a lot of the plumbing in the right side of the heart so that you feed both the lungs and the rest of the body But just to give a little background on this the surrogate mother was from Alaska. The biological parents are from California. She fled to Texas for protection. That's right, because they wanted her to have this abortion. They wanted her to go to California. There was a whole legal battle before she even got to Texas. and in the contract that she signed there was a clause that she agreed to and it was abortion in the case of an anomaly and then she receives this diagnosis at her 20-week appointment and then decides I can't go through with this and the weeks are going on so she would have had to have the abortion around 23-24 weeks says she can't go through with it parents don't agree but taking a step back and just thinking about the legal issue here for a second I did a bunch of research on this. And I thought, wait, how is a clause in a contract forcing a woman to get an abortion, even legal? It's really not. It's not something that can be enforced. It would just be considered breaching of the contract. So she will no longer get paid and likely have to pay back the money. But these parents were very upset about this. But what about custody, too? Could that be a raging battle going? Well, so now this child has been assigned a guardian ad litem, a GAL, in Texas who I think is going to oversee, at least in the near future, this child's care. But this child, like I said, has been born and belongs to those parents in California. So it will be interesting to see certainly what happens next. Well, hopefully the child will get the life-saving treatment that it needs. Carrie, keep an eye on that one because it's really interesting. Thanks so much. Thank you. Thanks, Carrie.