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

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Ruling latest step in legal fight over medically fragile child born after surrogate rejected couple’s request for abortion

The Texas supreme court has decided that the month-old infant that surrogate McKenna West gave birth to can be relocated to Los Angeles, a Thursday ruling that came weeks after a California court had recognized the biological parents’ custody rights.

“Sustaining the life of the medically fragile child is the paramount concern in this time-sensitive matter,” the court wrote in a Thursday order, referring to the baby’s rare severe heart defect. West had attempted to block the biological parents from removing the child from Texas and taking him to a hospital in Los Angeles where the couple live.

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