Gabriel, the child whose biological parents requested that his gestational surrogate mother have an abortion following the diagnosis of a heart defect, was born on Wednesday, August 12, in Texas, about two and a half weeks before his due date.

Gabriel’s birth was announced on Wednesday afternoon by Fox News legal editor Kerri Urbahn. Urbahn, who said she had spoken to Gabriel’s surrogate’s lawyer, said that Gabriel was currently in the neonatal intensive care unit and is awaiting heart surgery.