Florida’s Attorney General has intervened in the case involving a St. Augustine surrogate mother.

Kyla Simpson is fighting for custody of the children she birthed after she says the intended parent, a man from China, still has not picked up the children 20 months after they were born. Since First Coast News reported the story last week, Florida Attorney General James Uthmeier intervened on behalf of Simpson and her legal team.

Ellan Kaplan is the lead attorney on Simpson’s case. 

“As long as the children are still here in the United States and we get to present our case, there’s still hope,” Kaplan said.

Simpson gave birth to triplets in Jacksonville on November 4, 2024, but the intended parent never picked up his children. Communications between Simpson and the intended parent stated he was trying to obtain a visa to visit the U.S. The babies are now nearing 20 months old and have been living with Simpson since their birth, though one of the triplets passed away in 2025 due to complications with RSV.

Simpson began the legal process of terminating the intended parent’s parental rights in May 2026. Then on June 17, the intended parent’s attorney filed an emergency child pick-up order to take the boys from Simpson’s custody. A St. Johns County judge approved that order, and the boys have been in cradle care since then, according to the transcript from a June 25 hearing.

“Kyla and Lincoln have not seen their sons since June 17. They don’t know where they are. There is no filing before the court which states where these children are today,” Kaplan explained.

Kaplan said after weeks of trying to stop the boys from being removed from the U.S, and being denied by both the St. Johns Circuit Court and Fifth District Court of Appeal, she reached out to the Florida Attorney General’s office.

“Once the children have passports to leave the United States into China, there is no treaty that’s available for abduction, which means that once the children go to China, there’s no court order, no appeal, no anything that anybody can do to bring them back,” Kaplan said.

The Attorney General filed an emergency motion Friday asking the court to prevent the boys from leaving the U.S. In the filing, the Attorney General argued the intended parent did not establish paternity under Florida law, since the initial Uniform Custody Jurisdiction and Enforcement Act (UCCJEA) was signed in California after the children’s birth.

The Attorney General also argued the need to act quickly because Simpson received an alert that applications for passports for the boys have be filed with the U.S. State Department.

On Monday, a St. Johns County judge granted a temporary injunction, stopping the children from being removed from the U.S.

“A Florida judge has barred their removal from this country, and the court has said that the basic questions such as paternity and the children’s best interests still have to be decided with evidence on the record,” Kaplan said.

First Coast News reached out to the intended parent’s attorney for a comment on the Attorney General’s intervention, but has not received a response. First Coast News also reached out to the Attorney General’s office for a comment on his involvement, but no one has responded.

Kaplan said the Simpsons just want to be able to plead their case in front of a judge.

“We’re just very happy that we had some relief here with regard to the passports and we look forward to having the opportunity to present everything,” Kaplan said.

A hearing has been scheduled for July 29 in St. Johns County. 

The Attorney General also petitioned the Florida Supreme Court for a writ of habeas corpus, which is a judicial order used to bring a person in custody before the court. The petition was dismissed following the St. Johns County injunction.

The Simpsons are raising money to cover the cost of legal fees associated with this case. More information can be found here.