Uthmeier’s Push for Fetal Personhood in Florida Draws Criticism
The debate involves abortion restrictions and potential consequences for IVF, surrogacy and other fertility services.
TALLAHASSEE, Fla. — Florida Attorney General James Uthmeier’s push for fetal personhood has drawn criticism from state Democrats and warnings about its potential effects on abortion access, in vitro fertilization and surrogacy.
During an interview with anti-abortion activist Lila Rose, Uthmeier discussed legal strategies extending beyond Florida’s six-week abortion restriction. While discussing litigation against Planned Parenthood, he said he wanted to “take the enemy down using any tool we have above and beyond just our heartbeat bill.”
Asked whether he expected abortion to end in Florida during his lifetime or in the near future, Uthmeier answered, “I certainly pray so,” according to CBS News Miami.
Surrogacy case raises broader questions
Uthmeier has discussed using a Broward County surrogacy case to advance fetal personhood — the position that embryos and fetuses should have legal rights comparable to those of people who have been born.
According to CBS News Miami, he is challenging surrogacy agreements under the 13th Amendment, which abolished slavery. His argument treats such agreements as transactions involving a person rather than arrangements for reproductive services. That is his legal position, not an established ruling that surrogacy is unconstitutional.
Family law attorney Karen Persis warned that recognizing embryos as legal persons could have consequences for IVF, surrogacy and egg, sperm and embryo donation, according to the report.
The consequences would depend on the scope of any court ruling. Florida’s statutes currently provide for gestational-surrogacy contracts under specified conditions.
Fried criticizes the effort
In a statement, Florida Democratic Party Chair Nikki Fried criticized Uthmeier’s remarks and warned that his approach could threaten reproductive healthcare and options for people seeking to become parents.
“Our state deserves an attorney general who defends our constitutional rights, not an extremist who’s determined to strip them away,” Fried said.
Florida generally prohibits abortion after six weeks of pregnancy. However, its law includes exceptions for certain medical circumstances and pregnancies resulting from rape, incest or human trafficking through 15 weeks, subject to documentation requirements.
In 2024, approximately 57% of voters supported Amendment 4, which would have established constitutional protections for abortion access. The measure failed because Florida requires at least 60% approval for such amendments.
Gov. Ron DeSantis appointed Uthmeier attorney general in February 2025. Uthmeier previously served as the governor’s chief of staff.
