Texas surrogate baby dispute drawing national attention

(NBC, KYMA) - A newborn is at the center of a potentially highly controversial, multi-state case, that is drawing national attention after the Texas attorney general weighed in.

It involves a surrogate from Alaska and a couple from California.

According to a court brief, the couple and surrogate got into a dispute after the fetus was diagnosed in utero with a rare heart condition called hypoplastic left heart syndrome.

It will require multiple surgeries to correct and would have life long impacts for the child.

The surrogate alleges she was concerned the biological parents would seek an abortion, or deny life saving care after the birth.

The couple has denied those claims in court filings. However, the surrogate fled to Texas and sought legal protections.

Earlier this week, Texas Attorney General Ken Paxton, who is running for Senate, filed a brief imploring the Dallas County court to require care and to keep the child in Texas, not allowing the biological parents custody.

A Dallas judge ruled Tuesday that life sustaining care must be provided for the baby in Texas, and on Wednesday, the child was born and is scheduled to undergo surgery.

Meanwhile, there is an ongoing case in California to decide which party has parental rights.

Complicating the situation, Texas does not recognize the Alaska surrogacy contract between the couple and the surrogate.

A court hearing in Dallas County is scheduled for August 25 in what is promising to be a complicated and controversial legal battle.