Florida lawmakers advance preborn wrongful death lawsuit bill

The Florida Senate Committee on Judiciary voted 5-4 on Tuesday to advance a bill that would allow lawsuits for the wrongful death of preborn children at any stage of development in the womb... with certain exceptions.

Key Takeaways:

• Florida lawmakers advanced a measure allowing parents to initiate wrongful death lawsuits for their preborn children.

• The bill contains exceptions for children killed through legal abortion and those created via IVF.

• Abortion supporters oppose the bill because they believe it would confer fetal personhood on preborn children.

The Details:

The Civil Liability for the Wrongful Death of an Unborn Child measure (SB 164), sponsored by Sen. Erin Grall, gives parents the ability to sue for the "wrongful death" of an "unborn child."

The bill defines an "unborn child" as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.”

"Why should there be a different standard of care in the medical profession when they are caring for a child inside a woman's body? It doesn't make sense to me," Grall said during a committee hearing.

It's the third time Grall has sponsored such legislation. Notably, unlike previous iterations of the bill, this version includes a special exclusion for IVF — human embryos created via these procedures would not be considered "unborn children."

The bill also excludes children killed via legal abortion methods. The text reads:

Notwithstanding any other provision of this act, a wrongful death action for the death of an unborn child may not be brought against the mother of the unborn child or against a medical provider for lawful medical care provided in compliance with the applicable standard of care, including, but not limited to, care related to assisted reproductive technologies...

The bill next heads to the Senate Appropriations Committee on Criminal and Civil Justice and Senate Rules.

Commentary

Though it is not specifically related to abortion, Planned Parenthood and abortion supporters are opposing the bill because they believe it confers fetal personhood on preborn children.  Abortion advocates don’t like to recognize preborn children as “persons,”  because doing so might give this recognition to those children who are brutally killed by abortion.

“SB 164 could be the beginning of a slippery slope where the state treats embryos and fetuses as ‘persons’ under the law," said Michelle Grimsley Shindano, Planned Parenthood Florida Action’s director of policy and government affairs. "If embryos and fetuses were granted the same rights as a pregnant patient, that would take away the patient’s right to make health care decisions that are best for their body and specific situation, including in emergencies. That means lawyers, not doctors, will be consulted if that patient needs health care, including in an emergency.”

However, Andrew Shirvell, founder of Florida Voice for the Unborn, says the bill doesn't go far enough, and should include those "embryos created and stored outside of the womb."

"All means all, treating unborn children alike to born children. Otherwise this new law, or amendment to the wrongful death statute, is just arbitrary or capricious," Shirvell said.

The Bottom Line:

All preborn children — including the smallest embryos — are human beings, and therefore deserve the full protection of the law.