Senate Advances Bill Establishing Civil Liability for the Wrongful Death of an Unborn Child

On January 28, SB 164, sponsored by Senator Erin Grall (Vero Beach), passed its second committee of reference, the Appropriations Committee on Criminal and Civil Justice, 5-3. This pro-life measure would allow parents of an unborn child to recover civil damages for the wrongful death of the child, which could occur, for example, during a car accident, due to an incident of medical malpractice, or by other neglectful actions of another. Parents could recover medical and funeral expenses as well as payment for mental pain and suffering, similar to the loss of any born family member. 

The bill prohibits wrongful death actions against the mother of the unborn child or medical providers offering lawful care, including reproductive technologies provided with the consent of the mother. 

Florida already allows someone to be criminally charged for the death of a fetus in vehicular homicides, DUI manslaughters, or by injury to the mother. If passed, the legislation would align Florida with most states in providing a civil right of action. 

SB 164 has one additional committee of reference before it can be heard on the Senate floor. Its companion, HB 289, sponsored by Representative Sam Greco (St. Augustine), was passed by the full House on January 15, on a vote of 76-34.