Surrogacy is slavery and unconstitutional, says Florida attorney general

Florida's surrogacy debate centers on whether the practice amounts to modern-day slavery. Photo / Getty Images

Florida’s Attorney-General has intervened in a contentious surrogacy dispute, arguing that the practice may violate the US Constitution and amount to “modern-day slavery”.

James Uthmeier, Florida’s Attorney-General, entered a legal battle in November 2025 after a French couple paid a woman from Florida to be their surrogate, according to the Tampa Bay Times.

The couple, who are gay, had petitioned the Broward County court several months earlier, before the baby was born, seeking early parental rights over the child, asking the court to recognise them as the child’s legal parents before the surrogate gave birth.

Judge Marlon Weiss, who was appointed by Ron DeSantis, the Governor of Florida, granted the order but simultaneously raised constitutional concerns about surrogacy arrangements.

The judge argued that children are human beings with their own rights and individualities, and therefore cannot be treated as property to be bought and sold through contracts or legal paperwork.

The order was published in a law trade journal in December after he submitted it as part of his application to be on Florida’s fourth district court of appeal.

Uthmeier argued the decision to recognise the couple as the child’s legal parents amounts to “modern-day slavery”. His office intervened in the case in November, arguing that it violates the 13th Amendment, which was enacted after the Civil War to end the practice in the United States.

Modern surrogacy arrangements impose strict controls on the surrogate mother’s behaviour during pregnancy.

“Today, registered sex offenders and foreigners – including Chinese nationals – buy thousands of babies from US surrogacy companies,” Uthmeier wrote on X.

“This modern-day slavery is morally wrong, endangers children, and threatens national security. It must be stopped.”

Florida permits gestational surrogacy

The United States has become a major destination for parents from across the world seeking surrogacy arrangements. In the UK, a surrogate remains the legal mother until a court grants a parental order.

By contrast, some “surrogate-friendly” US states, such as California, do not grant parental rights to the woman who gives birth.

Like California, Florida permits gestational surrogacy, and the woman who gives birth is not granted parental rights if specific, highly regulated legal criteria are met.

In 2023, the global surrogacy market was valued at US$14.4 billion ($24.6b) and is expected to rise to US$96.6b ($165b) by 2033. First-time surrogates typically earn around US$50,000 ($85,000), according to Circle Surrogacy.

The average cost ranges from US$100,000 ($171,000) to US$200,000 ($342,000), according to the Egg Donor and Surrogacy Institute.

Child not likely to be removed

The case is before Florida’s fourth district court of appeal, though the child has been with its fathers since birth and is not likely to be removed from their care.

Florida’s Attorney-General was appointed by DeSantis in January 2025. Earlier in 2026, DeSantis backed efforts to prevent anyone who is not a US citizen or lawful permanent resident from commissioning a surrogate in Florida.

The legislation only barred citizens or residents from “countries of concern”, such as China or Iran, from entering into surrogacy contracts.

Jae Williams, a spokesman for Florida’s Attorney-General, told Fox News that Uthmeier “is concerned about any case where a surrogacy company profits off the sale of children”.

Under Florida law, surrogacy cases are confidential, but when Judge Weiss published his order, he wrote that the case was not confidential as it did not share identifying information about the child or the parents.

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