Florida Attorney General James Uthmeier is exerting pressure in his state to undermine surrogacy and in vitro fertilization (IVF), attacks that threaten reproductive freedom and the ability to start a family.
Uthmeier, a Republican appointee of Gov. Ron DeSantis, has inserted himself in a routine case attempting to argue that surrogacy violates the 13th Amendment’s prohibition on slavery, and that the state constitution bars biological parents from transferring parental rights at all.
Surrogacy is akin to slavery, Florida AG says, with big implications for families https://t.co/Mf3CfCHL4o
— Kimberly Leonard (@leonardkl) May 9, 2026
From The Tampa Bay Times:
Last August, a married couple went before a Broward County court in what was expected to be a routine surrogacy case. The couple, two men living in France, had contracted with a Florida woman in December to carry their child. As her due date approached, the fathers-to-be petitioned for early parental rights.
Judge Marlon Weiss, going beyond what is typically required in such a case, suggested in his order that surrogacy may be unconstitutional. His ruling holds that if unborn children are entitled to personhood — which he implies is correct, citing legal articles in favor of that view — those children cannot be subject to an ownership contract.
In November, roughly 24 hours after the fathers told the court about the baby’s birth, Attorney General James Uthmeier began pushing to intervene in the case.
His office is arguing that surrogacy is akin to slavery, saying it violates the 13th Amendment and should be deemed unconstitutional, according to a lawyer representing the family.
Slate reporter Mark Joseph Stern reports below.
@markjosephstern Florida Attorney General James Uthmeier is trying to take a baby away from its two dads—and could make adoption unconstitutional in the process. #florida #desantis #adoption #surrogacy #lgbt
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