Kyla Simpson, a Florida surrogate mother, is embroiled in a legal battle for custody of two triplet sons after the intended father, a single man from China, allegedly failed to claim them following their birth in November 2024. Simpson, who gave birth approximately a month prematurely, housed the surviving two boys after one tragically passed away in August 2025 due due to complications from RSV. Her initial motivation for surrogacy was to earn money to buy a home, but she claims the financial strain of caring for the children has depleted her funds, leaving her in a legal and financial predicament.
The situation escalated when the intended parent, who had ceased communication with Simpson for months, retained an attorney to file an emergency child pick-up order. A St. Johns County judge granted this order, placing the boys in "cradle care" since June 17, 2026. Simpson's attempts to terminate the intended parent's parental rights and adopt the children herself were initially denied in Duval County and later rejected by the Fifth District Court of Appeal, though her attorney is seeking a rehearing.
The case has garnered significant attention, including from Florida Attorney General James Uthmeier, whose office successfully intervened to prevent the children from being removed from Florida or the U.S. The court emphasized Florida's interest in ensuring custody decisions align with state law and the children's best interests, especially considering China is not a party to the Hague Convention on International Child Abduction. This legal battle is unfolding amidst new Florida laws that took effect July 1, 2026, which tighten surrogacy regulations and prohibit gestational surrogacy contracts when a party is from designated "foreign countries of concern," including China.
