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Surrogacy is akin to slavery, Florida AG says, with big implications for families [View all]
https://archive.ph/PT7TGTALLAHASSEE — 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.
While the judge did grant the order, his opinion — and the involvement of Florida’s attorney general — set off a chain of events that could result in a dramatic reshaping of not only surrogacy law, but a range of reproductive issues in Florida.
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.
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.
While the judge did grant the order, his opinion — and the involvement of Florida’s attorney general — set off a chain of events that could result in a dramatic reshaping of not only surrogacy law, but a range of reproductive issues in Florida.
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.
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