The Florida House on Tuesday began moving forward with a proposal that would allow parents to seek pain-and-suffering damages in lawsuits involving the wrongful death of an “unborn child.”
The House Civil Justice & Claims Subcommittee voted 13-3 to approve the measure (HB 289), which, in part, would add “unborn child” to a law that allows family members to seek damages when a person's death is caused by such things as negligence.
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Abortion rights advocates are fighting the bill, but supporters said the issue is not abortion-related. Bill sponsor Sam Greco, R-St. Augustine, said most states have civil protections for the death of fetuses.
“This bill allows parents, in the horrible circumstance where somebody’s wrongful act causes them to lose their unborn child, to seek recovery,” Greco said.
But opponent Dotie Joseph, D-North Miami, raised concerns about potential ramifications of the bill.
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“Embryos and fetuses would be granted the same rights as living people, creating much broader consequences that would make it harder for patients to access reproductive care,” Joseph said.
Lawmakers have considered similar proposals in recent years, but the bills have not passed.
Greco’s bill is filed for the 2026 session, which will start Jan. 13.
The Senate Judiciary Committee on Nov. 4 approved the Senate version of the bill (SB 164), filed by Sen. Erin Grall, R-Vero Beach.
