Texas Surrogacy Case Comes To The Emergency Docket

California couple who wanted to abort their surrogate child now seek to remove one-month old baby to California where they could put him in hospice care.

I have previously blogged about a tragic surrogacy case that involves Alaska, California, and Texas. That case has arrived to the Supreme Court's emergency docket in what is an actual emergency. In short, the California couple that hired the surrogate mother seeks to move the one-month old baby out of Texas to California. The couple has not certified that they will maintain the required care needed for the child to survive. Indeed, after a lengthy flight, they could even place the baby in hospice care.

Today at 1:30 CT, a trial judge in Dallas will hold a hearing to decide whether to dissolve the prior order keeping the baby in Texas. The surrogate mother filed an emergency application with Circuit Justice Kagan. There will also likely be an emergency appeal to the Supreme Court of Texas imminently.

An administrative stay here would seem warranted, at least for a few days, to sort out the Full Faith and Credit issue.