Story perspectives

Paxton Orders Medical Care for Surrogate’s Infant Despite Ruling

8/14/2026

Summary

Story summary

Texas Attorney General Ken Paxton ordered medical care for the infant born to surrogate McKenna West.
Dallas County restraining order bars West from acting as parent or guardian until August 25 at 1 PM.
The contract permitted termination after a scan revealed hypoplastic left heart syndrome, but West refused abortion and went to Texas.
Lawyer Lee Budner called the dispute political theater while Live Action and Alliance Defending Freedom funded West’s travel.

History

Historical Context

In 1988 the New Jersey Supreme Court, headed by Chief Justice Robert Wilentz, ruled commercial surrogacy contracts unenforceable, restoring birth mother Mary Beth Whitehead’s parental rights in the Baby M case. The decision, accompanied by a $2.5 million damages award, created a precedent for state involvement in surrogacy disputes. Texas Attorney General Ken Paxton’s 2024 order to place a surrogate-born infant under state care echoes that precedent.

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Story summary

Texas Attorney General Ken Paxton ordered medical care for the infant born to surrogate McKenna West.
Dallas County restraining order bars West from acting as parent or guardian until August 25 at 1 PM.
The contract permitted termination after a scan revealed hypoplastic left heart syndrome, but West refused abortion and went to Texas.
Lawyer Lee Budner called the dispute political theater while Live Action and Alliance Defending Freedom funded West’s travel.

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