Florida House Advances Bill Allowing Parents to Sue for the Wrongful Death of an “Unborn Child”
TALLAHASSEE, Fla. — Florida lawmakers have advanced a controversial proposal that would allow parents to sue for the wrongful death of an “unborn child,” expanding the state’s Wrongful Death Act and intensifying debates surrounding reproductive rights, civil liability, and fetal legal status.
The bill, CS/HB 1517, sponsored by Rep. Sam Greco (R–St. Augustine), passed a House subcommittee by a 13–3 vote. If approved, the measure would formally add “unborn child” to state law, enabling parents to seek damages when a fetus dies due to another person’s negligence — such as in a car crash, medical malpractice, or other negligent acts.
Bill Expands Civil Damages for Fetal Loss
Under this new framework, parents would be eligible to pursue both economic and noneconomic damages, including mental pain and suffering tied to the unborn child’s expected lifespan.
Supporters emphasize that the legislation is aimed at restoring civil rights for grieving families, not altering state abortion law. Greco defended the measure during hearings, stating that, “This bill allows parents, in the horrible circumstance where somebody’s wrongful act causes them to lose their unborn child, to seek recovery.”
According to reporting from 863famous, Florida would join many other states that already permit civil claims involving fetal death.
Key Protections for Mothers and Medical Professionals
To prevent misuse, lawmakers included specific protections in the bill. A mother cannot be sued for the death of her own unborn child.
Additionally, health-care providers who deliver lawful medical care according to standard practices are protected from liability, meaning routine pregnancy care, emergency interventions, and medically-necessary procedures cannot be targeted through this legislation.
Critics Warn the Bill Moves Florida Toward Fetal Personhood
Abortion-rights advocates strongly oppose the bill, arguing it opens the door to fetal personhood, a shift that could ripple across reproductive-health laws.
Opponents warn the measure may expose women, fertility specialists, OB-GYNs, IVF clinics, and reproductive-health providers to future litigation. Concerns also include potential long-term impacts on medical liability, increased insurance costs, and reduced access to high-risk pregnancy care.
They argue the bill’s vague implications could eventually influence abortion-related enforcement or redefine reproductive rights statewide.
Senate Companion Bill Mirrors the Expanded Civil Liability
A companion bill, SB 1284, authored by Sen. Erin Grall (R–Fort Pierce), carries nearly identical language. Legislative analysis shows the Senate version also allows parents to recover noneconomic damages, including future mental anguish related to an unborn child’s projected lifespan.
If both measures advance, Florida could significantly expand its wrongful-death statutes in ways supporters call compassionate — and critics view as legally dangerous.
What Comes Next as the Legislative Battle Intensifies
The proposal continues moving through Florida’s Legislature, sparking heated debate about legal protections, medical liability, and the boundary between civil law and reproductive rights.
As hearings continue, both supporters and critics are preparing for a prolonged legal and political battle that could influence Florida family law and reproductive-care policy for years to come.
If you have thoughts on this developing legislation or personal experiences related to wrongful-death laws and pregnancy loss, share your perspective with our newsroom at SaludaStandard-Sentinel.com.
