Florida Attorney General James Uthmeier has publicly described commercial surrogacy as “modern day slavery” and his office is reportedly preparing a constitutional challenge to the practice — intervening in what was expected to be a routine custody case to argue that surrogacy contracts violate the Thirteenth Amendment.
“This modern day slavery is morally wrong, endangers children, and threatens national security. It must be stopped,” Uthmeier wrote on social media. His office also alleges that “registered sex offenders and foreigners — including Chinese nationals — buy thousands of babies from U.S. surrogacy companies.”
AG spokesperson Jae Williams said Uthmeier “is concerned about any case where a surrogacy company profits off the sale of children,” adding that the practice interferes with the mother’s parental rights and the rights of the child.
The case involves prospective French parents who filed for early custody of a surrogate child in Broward County. A Broward County judge approved the filing but noted in his ruling that if unborn children have legal personhood, they cannot be subject to an ownership contract. The case has reached the appellate level, though the fathers have had custody since the child’s birth.
Uthmeier’s office declined to comment on the specifics of the case because it involves a child. The constitutional argument being advanced — that commercial surrogacy violates the Thirteenth Amendment’s prohibition on slavery — would, if accepted, represent the most significant legal challenge to the surrogacy industry in American history.
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