Local Brief
Florida AG targets surrogacy in court, report says
Add Axios as your preferred source to
see more of our stories on Google.
Illustration: Brendan Lynch/Axios
Florida's attorney general has waded into what was once a routine surrogacy case, arguing that the practice is unconstitutional and "akin to slavery," according to the Tampa Bay Times.
Why it matters: The case could have sweeping implications for the state's surrogacy laws, abortion access and in vitro fertilization.
Catch up quick: A gay couple living in France contracted with a woman in Florida to be their surrogate, per the Times. As the due date approached, the two men petitioned a Broward County court for early parental rights.
- Judge Marlon Weiss granted their petition, but in his order, he questioned whether surrogacy is constitutional, his view being that unborn children are entitled to personhood and cannot be subject to these contracts.
- Attorney General James Uthmeier intervened in the case after the couple notified the court of the child's birth, and it is now before Florida's Fourth District Court of Appeal.
Driving the news: Uthmeier's position is that surrogacy runs afoul of the 13th Amendment, which abolished slavery.
- The family's lawyer told the Times the attorney general seems more interested in obtaining a legal ruling against reproductive technology than in questioning the couple's fitness as parents.
- Specifically, the attorney general argues the government has a duty to protect children who cannot choose whether they are raised by biological parents, according to the Times.
Between the lines: This isn't the first time the DeSantis administration has tried to change surrogacy laws.
- In January, Gov. Ron DeSantis aimed to prevent anyone who is not a U.S. citizen or lawful permanent resident from commissioning a surrogate in Florida, per the Times.
- Ultimately, the Legislature only barred citizens or residents of "countries of concern," like China and Iran, from entering into surrogacy contracts.