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A devastating surrogacy dispute turns into a heartbreaking custody battle when legal loopholes separate a newborn from the biological father, Faced with an impossible decision, he must choose between fighting for his son or making the ultimate sacrifice for the child's future. 💔👶⚖️ TV Series Name: New Amsterdam, Season...

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WATCH: NBC Nightly News with Tom Llamas casts the bio parents of Baby Gabriel as the purest victims of this fiasco TOM LLAMAS: And in Texas, a story that is garnering a lot of headlines. A couple’s surrogate is now fighting for custody of the baby boy she carried, arguing she should be given parental rights instead of the biological parents who are also fighting for him. Brian Chandler explains what led to this legal battle. BRIAN CHANDLER: In Dallas, a boy's birth triggering a dramatic custody battle, pitting the baby’s biological parents against the surrogate who carried him. The boy’s California-based parents face a devastating decision after a diagnosis at 20 weeks. They learned the baby, who was being carried by a surrogate from Alaska, had a serious heart condition: Hypoplastic Left Heart Syndrome. They chose to terminate the pregnancy. But gestational carrier McKenna West objected, fleeing to Texas for medical care and legal refuge. McKENNA WEST: I didn't think that I could live with myself doing that. CHANDLER: West sharing her story with the anti-abortion organization Live Action. She’s fighting for legal parenthood over the baby she carried to term in Texas. WEST: I just know that he- he's a fighter and he deserves to be surrounded by people who are 100% willing to fight alongside him. CHANDLER: The boy was born Wednesday. West is calling him Gabriel, but he’s Rumi to his parents, who want to take him back to California for medical care. Texas Attorney General Ken Paxton intervening to support the surrogate, urging a court to prohibit the child’s removal from the state. The court sided with the state in part, blocking any attempt to transfer the child while prohibiting the gestational carrier from asserting parental rights over him. Tonight, the biological parents’ attorneys telling NBC News: “As if the heartbreak of his condition were not enough, they are devastated today to see their family tragedy transformed into political theater,” adding: “Our clients’ only focus at this time is ensuring that their baby receives the medical care that he vitally needs and that they as his parents are able to spend every precious moment they can with their beautiful baby son.” Brian Chandler, NBC News, Dallas.

Jorge Bonilla

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