(The Lion) Florida lawmakers are supporting a proposal that would allow parents to file wrongful death lawsuits over the loss of an unborn child, expanding existing law to recognize legal rights for babies in utero.
The legislation would amend the Florida Wrongful Death Act to include unborn children in the same category as born children. It defines an unborn child as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.”
Sen. Erin Grall, R-Fort Pierce, is sponsoring the measure, which she says ensures preborn children are treated equally under the law when negligence or violence causes their death.
“This would codify and make clear in our Wrongful Death Act that, in fact, these children are covered if they should die at the fault of someone else,” she said.
The bill prevents lawsuits against the mother and shields doctors who provide “lawful medical care” under state abortion laws, LifeSiteNews reports.
However, it would allow families to take legal action against medical providers who fail to provide care to a baby born alive after an attempted abortion.
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The proposal cleared the Senate Judiciary Committee last week in a 5-4 vote. Democrats opposed the bill, saying it could invite lawsuits against abortion providers, while supporters argue it simply gives parents justice if their unborn child dies because of someone’s actions.
Florida already is one of the more pro-life states in the country. The state’s six-week abortion limit took effect in April 2024, after the Florida Supreme Court ruled the state constitution does not include a right to abortion. That ruling also upheld a previous 15-week ban.
Abortion rights advocates later tried to amend the state constitution to create a right to abortion, but it failed to receive the 60% of the vote necessary to pass. The result kept Florida’s current restrictions in place and marked a rare defeat for abortion-rights campaigns, which have passed in many other states.
If it becomes law, Grall’s bill would be another big shift in Florida’s legal recognition of unborn life. Proponents say it gives parents recourse in situations such as car crashes, assaults or medical negligence causing the death of a preborn baby.
Tweet This: If it becomes law, a proposed unborn child wrongful death bill would be another big shift in Florida’s legal recognition of unborn life.
The wrongful death bill now heads to other committees for consideration before a possible floor vote later this session.
Currently, 12 states ban abortion while another four, including Florida, ban it after six weeks.
