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Florida surrogate gets glimmer of hope in custody battle over abandoned toddlers
Two toddler brothers are under the care of a nanny in a California apartment as a custody dispute — between the Florida surrogate who raised them for nearly two years and the intended father from China, who never came to claim them — is awaiting a court decision.
Kyla Simpson gave birth to triplets in November 2024 by emergency C-section. Tragically, one of the boys died from RSV complications in August 2025.
The surviving babies continued to live with Simpson and her family for 20 months as the intended father, Chen Zhou, failed to come from China to get them.
Simpson ultimately decided to file to block Zhou from officially adopting the children and then she sued for custody.
The children were removed from Simpson's home and are currently in the care of a nanny as the custody battle plays out.
The hearing to determine where the boys would live and to consider whether Zhou is a fit parent was canceled moments before it was set to begin so that an appeals court could review appeals filed by Simpson.
Kyla Simpson, who lives in Florida, was acting as a surrogate for a single man in China and became pregnant with triplets. When the babies were born by emergency C-section at 22 weeks in November 2024, the intended father, Chen Zhou, did not come to get them.
One of the babies tragically died from RSV complications in August 2025, but the other babies spent nearly two years living with Simpson and her husband, Lincoln.
Zhou said he had struggled to get a visa to come to the U.S. to get the boys and, at one point, emailed to say he would be sending friends to get the babies. It was around that time that two men arrived in a black SUV at her home, but Simpson did not know who they were.
"I don't feel comfortable doing all of these things and you're not coming to get them. I said either you, the people you had listed that could, if in case you passed away or something, they would have custody of these kids... or a representative from the agency to come and get these kids. I'm not handing them over to no strangers," she said.
She didn't hear from Zhou again until February 2026 and in May, she filed papers to request the termination of Zhou's parental rights to adopt the boys.
"I say 'our kids' because blood doesn't matter to me, how they look doesn't matter to me, color doesn't matter. I birthed them," Simpson explained.
Ultimately, the boys were taken from Simpson after 20 months of living with her, and were relocated to a California apartment to be cared for by a nanny, allegedly appointed by Zhou's attorney.
Simpson and her husband filed for custody of the children and have been locked in a custody battle since June.
"I want my kids back and they deserve us. This is who they knew as mom and dad. We took great care of them, provided everything for them, their day-to-day care, you name it," Simpson said. "It's very quiet, so that's not normal for us. These last almost two years it's been very loud from crying babies to then all you hear is 'mom, mom,' running around, so now it's like the total opposite. It just feels like off."
A hearing in the case was canceled on Tuesday moments before it was set to begin after a higher court decided to review it. The hearing had been set to determine Zhou's fitness as a parent and whether the children would be returned to the Simpson family, remain in California, or go to Hong Kong with Zhou.
However, Florida's Fifth District Court of Appeals stepped in and stopped the hearing following appeals filed by Simpson's attorneys.
The appeals court is reviewing the California parentage order, which had been signed by both Zhou and Simpson, to determine if it is valid in Florida.
"This is the best thing that has happened in a very long time for me as far as this litigation goes. We've not been getting any say so in court, not even an opportunity to speak, kind of feel like we've been placed in a corner, so to know that the 5th DCA accepted our emergency motion for stay, that feels amazing,” said Simpson.
The case highlights the inherent ethical problems with surrogacy and IVF.
The children were created with the intention that they would not have a mother, and with the plan that they be taken from their surrogate mother — the one person they have bonded with — immediately at birth.
In this case, the intended father then did not arrive to get the children, and his decision to send strangers to get the boys caused Simpson to believed he may be trafficking the children.
The children's removal from the only home and parents they have ever known after nearly two years does not appear to be in the best interest of the children.
Children are the ones who suffer when adults' desires are the only considerations.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
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·Human Interest·By Nancy Flanders
Florida surrogate gets glimmer of hope in custody battle over abandoned toddlers
Two toddler brothers are under the care of a nanny in a California apartment as a custody dispute — between the Florida surrogate who raised them for nearly two years and the intended father from China, who never came to claim them — is awaiting a court decision.
Kyla Simpson gave birth to triplets in November 2024 by emergency C-section. Tragically, one of the boys died from RSV complications in August 2025.
The surviving babies continued to live with Simpson and her family for 20 months as the intended father, Chen Zhou, failed to come from China to get them.
Simpson ultimately decided to file to block Zhou from officially adopting the children and then she sued for custody.
The children were removed from Simpson's home and are currently in the care of a nanny as the custody battle plays out.
The hearing to determine where the boys would live and to consider whether Zhou is a fit parent was canceled moments before it was set to begin so that an appeals court could review appeals filed by Simpson.
Kyla Simpson, who lives in Florida, was acting as a surrogate for a single man in China and became pregnant with triplets. When the babies were born by emergency C-section at 22 weeks in November 2024, the intended father, Chen Zhou, did not come to get them.
One of the babies tragically died from RSV complications in August 2025, but the other babies spent nearly two years living with Simpson and her husband, Lincoln.
Zhou said he had struggled to get a visa to come to the U.S. to get the boys and, at one point, emailed to say he would be sending friends to get the babies. It was around that time that two men arrived in a black SUV at her home, but Simpson did not know who they were.
"I don't feel comfortable doing all of these things and you're not coming to get them. I said either you, the people you had listed that could, if in case you passed away or something, they would have custody of these kids... or a representative from the agency to come and get these kids. I'm not handing them over to no strangers," she said.
She didn't hear from Zhou again until February 2026 and in May, she filed papers to request the termination of Zhou's parental rights to adopt the boys.
"I say 'our kids' because blood doesn't matter to me, how they look doesn't matter to me, color doesn't matter. I birthed them," Simpson explained.
Ultimately, the boys were taken from Simpson after 20 months of living with her, and were relocated to a California apartment to be cared for by a nanny, allegedly appointed by Zhou's attorney.
Simpson and her husband filed for custody of the children and have been locked in a custody battle since June.
"I want my kids back and they deserve us. This is who they knew as mom and dad. We took great care of them, provided everything for them, their day-to-day care, you name it," Simpson said. "It's very quiet, so that's not normal for us. These last almost two years it's been very loud from crying babies to then all you hear is 'mom, mom,' running around, so now it's like the total opposite. It just feels like off."
A hearing in the case was canceled on Tuesday moments before it was set to begin after a higher court decided to review it. The hearing had been set to determine Zhou's fitness as a parent and whether the children would be returned to the Simpson family, remain in California, or go to Hong Kong with Zhou.
However, Florida's Fifth District Court of Appeals stepped in and stopped the hearing following appeals filed by Simpson's attorneys.
The appeals court is reviewing the California parentage order, which had been signed by both Zhou and Simpson, to determine if it is valid in Florida.
"This is the best thing that has happened in a very long time for me as far as this litigation goes. We've not been getting any say so in court, not even an opportunity to speak, kind of feel like we've been placed in a corner, so to know that the 5th DCA accepted our emergency motion for stay, that feels amazing,” said Simpson.
The case highlights the inherent ethical problems with surrogacy and IVF.
The children were created with the intention that they would not have a mother, and with the plan that they be taken from their surrogate mother — the one person they have bonded with — immediately at birth.
In this case, the intended father then did not arrive to get the children, and his decision to send strangers to get the boys caused Simpson to believed he may be trafficking the children.
The children's removal from the only home and parents they have ever known after nearly two years does not appear to be in the best interest of the children.
Children are the ones who suffer when adults' desires are the only considerations.
Live Action News is pro-life news and commentary from a pro-life perspective.
Our work is possible because of our donors. Please consider giving to further our work of changing hearts and minds on issues of life and human dignity.
Contact editor@liveaction.org for questions, corrections, or if you are seeking permission to reprint any Live Action News content.
Guest Articles: To submit a guest article to Live Action News, email editor@liveaction.org with an attached Word document of 800-1000 words. Please also attach any photos relevant to your submission if applicable. If your submission is accepted for publication, you will be notified within three weeks. Guest articles are not compensated (see our Open License Agreement). Thank you for your interest in Live Action News!
Angeline Tan
·Guest Column
Kelli Stelter
·Human Interest
Angeline Tan
·Human Interest
Bridget Sielicki
·Human Interest
Angeline Tan
·Analysis
Nancy Flanders
·International
Nancy Flanders
·Abortion Pill
Nancy Flanders
·Abortion Pill
Nancy Flanders
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