Florida Attorney General Intervenes in Surrogacy Case, Calls Practice ‘Modern-Day Slavery’

Florida Attorney General James Uthmeier entered a confidential surrogacy case after Judge Marlon Weiss granted early parental rights to two French men and issued a public opinion questioning surrogacy’s constitutionality. The case involves a child born via a surrogate mother in Florida who has lived with the adoptive parents since birth.

WFLA - Tampa Bay

The proceeding is taking place in a confidential Florida family court, and Judge Weiss’s public opinion is unusual for such matters. The dispute centers on whether surrogacy agreements can coexist with state and federal constitutional protections.

WFLA - Tampa Bay

Judge Weiss’s opinion linked the surrogacy arrangement to the Thirteenth Amendment, which prohibits slavery, by suggesting the child was treated as property. The opinion also invoked “fetal personhood,” a doctrine used by some anti-abortion advocates to argue that fetuses have the same rights as persons after birth. Weiss also noted that surrogacy could conflict with constitutional protections. Uthmeier framed the issue as a government duty to protect children who did not consent to being raised by non-biological parents.

WFLA - Tampa Bay

Uthmeier warned that acceptance of the constitutional argument could restrict Floridians’ access to surrogacy, in-vitro fertilization (IVF), and abortion services. The case therefore carries implications for the state’s reproductive-technology industry.

WFLA - Tampa Bay

Uthmeier posted on X that “registered sex offenders and foreigners—including Chinese nationals—buy thousands of babies from U.S. surrogacy companies,” describing the practice as “modern day slavery.” Katie Jay, representing the French couple, said the attorney general believes “the government has a duty to protect children who didn’t have a say in not being raised by both biological parents.” Judge Weiss framed the arrangement as a possible Thirteenth Amendment violation.

WFLA - Tampa Bay

Judge Marlon Weiss argued that the surrogacy arrangement treats the child as property, raising concerns that it may breach the Thirteenth Amendment’s prohibition on slavery.

WFLA - Tampa Bay

Uthmeier’s claim about foreign nationals and sex offenders purchasing “thousands of babies” is presented without supporting data in the source material. No verification of the scale or nature of such transactions is provided.

WFLA - Tampa Bay

• “registered sex offenders and foreigners—including Chinese nationals—buy thousands of babies from U.S. surrogacy companies.” — James Uthmeier, Florida Attorney General

WFLA - Tampa Bay

• “This modern day slavery is morally wrong, endangers children, and threatens national security,” — James Uthmeier, Florida Attorney General

WFLA - Tampa Bay

• “the government has a duty to protect children who didn’t have a say in not being raised by both biological parents,” — Katie Jay, attorney for the French couple

WFLA - Tampa Bay

• “The couple’s attorney, Katie Jay, told the Herald that Florida Attorney General James Uthmeier stepped in, seemingly unprompted, after Judge Marlon Weiss granted the couple early parental rights and issued a rare public opinion in the confidential case, suggesting that the practice of surrogacy may violate the Constitution.” — Judge Marlon Weiss

WFLA - Tampa Bay

Florida courts will review Uthmeier’s intervention and the constitutional arguments raised by Judge Weiss. A ruling favoring the attorney general could set precedent affecting surrogacy contracts, IVF clinics, and related reproductive-health policies across the state.

WFLA - Tampa Bay