The biological parents of a baby born to a Texas surrogate who refused to have the abortion they asked for are now in custody of the infant, according to their lawyer.

The baby, named Gabriel by surrogate McKenna West, is being cared for by biological parents Nausheen Gilkar and Omar Ahmed of California – Lee Budner, an attorney for the couple, told TMZ.

Budner said the couple — who asked that the unborn child be aborted after being diagnosed with a severe but treatable heart condition — has been “devastated” by the public political drama.

“As if the heartbreak of his condition were not enough, they are devastated to see their family tragedy transformed into political theater by the Texas Attorney General’s office and McKenna West,” he told the outlet.

He said the parents’ top priority is spending as much time as possible with the baby, who was born Wednesday, while ensuring he gets the medical care he needs.

The legal battle began in April after the unborn child was diagnosed with the severe heart condition, hypoplastic left heart syndrome, at 20 weeks old.

The surrogacy contract between West and the biological parents contained a clause that allowed terminations if there was an “anomaly” during the pregnancy.

But after the couple asked West to terminate the pregnancy, she refused and instead traveled to Texas, where she would be recognized as the birth mother under state law.