TALLAHASSEE, Fla. — Expecting parents could soon be able to sue for damages if someone causes them to lose a pregnancy if a bill sailing through the Florida Legislature becomes law.
Some lawmakers fear the policy could be a backdoor attempt to establish “fetal personhood,”which is the concept that from the moment of conception, all protections guaranteed by the state and federal constitutions, including the right to life, apply to a fetus.
Under current law, someone who murders a pregnant woman can be charged for both the death of the mother and the unborn child.
However, the same rules don’t apply in civil courts.
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But under the legislation approved by a Senate committee Thursday, expecting parents could file wrongful death lawsuits if someone causes them to lose a pregnancy.
Related: States advance fetal rights measures that critics warn will pave a path for outlawing abortions
“We have places in Florida statute where we value the unborn child, giving enhanced penalties in criminal cases and I think what this does is just makes it consistent,” said State Senator Blaise Ingoglia (R-Spring Hill).
The bill includes carveouts to shield mothers themselves and healthcare providers acting within the standard of care from liability.
But Kara Gross with the ACLU of Florida argued the bill would still open the floodgates for unintended lawsuits.
“Where in the bill would it prevent an abusive partner or ex-boyfriend from bringing a lawsuit for damages against friends and family members of a pregnant person who had an abortion? Where in the bill does it prevent lawsuits for damages against the hospital or a clinic providing such care?” said Gross.
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Democratic State Representative Anna Eskamani’s (D-Orlando) concerns go beyond the immediate impacts of the bill.
She worries that by redefining “unborn child” to encompass fetuses “at any stage of development,” the bill would tee up the Florida Supreme Court to establish fetal personhood and lay the groundwork for a total abortion ban.
“And it doesn’t stop at abortion. You know, such a definition that embryos and fetuses have the same legal rights as children would also, of course, impact IVF. It would impact surrogacy. It would impact someone who experiences rape or sexual assault and their ability to access an abortion,” said Eskamani. “It’s a really scary and unsettling precedent.”
The bill has already been passed on the House floor.
It has one more committee stop before making it to the Senate floor.
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