Florida Senate Panel Advances Bill Allowing Fetal Wrongful-Death Lawsuits

Overview

• The Senate Judiciary Committee approved SB 164 on a 5–4 vote, with Republicans Kathleen Passidomo and Tom Leek joining Democrats in opposition.
• The measure would allow parents to sue over the death of an unborn child at any stage of development and defines an unborn child as a member of Homo sapiens carried in the womb.
• The bill shields mothers from lawsuits and protects physicians, including IVF providers, when they deliver lawful, consented care that meets accepted medical standards.
• Supporters say Florida would align with roughly 15 states and that damages could include mental pain and suffering, medical costs, and future support a child might have provided.
• Medical groups, malpractice insurers and abortion-rights advocates warn of higher liability costs, potential loss of OB-GYNs, and litigation over natural miscarriages; the bill next goes to Appropriations on Criminal and Civil Justice and then Rules.