A surrogate baby marked for abortion by the couple who commissioned it was given a reprieve after a judge agreed with the woman carrying the child and ordered life-saving care instead.

The child had been diagnosed with a heart defect in utero, prompting the commissioning couple to order that the pregnancy be aborted, in accord with the terms of the surrogacy contract.

However, the surrogate mother, McKenna West, a nurse from Alaska, preferred that post-birth surgery should be performed on the child – whom she has named Gabriel.

She wished to give birth in a hospital in Texas with a high success rate treating infants with the same condition.

The couple, however, filed legal proceedings in California to establish their parental rights over the child, and to compel Ms West give birth in the state.

On Tuesday, a judge in Dallas agreed with Ms West and ordered that the child receive life-sustaining treatment.

Ms West gave birth in the Texas hospital on Wednesday and the child is now receiving stabilising care and is scheduled to undergo surgery.