TALLAHASSEE, Fla. — The Florida House is considering a bill (HB 289) that would allow parents to seek damages for the wrongful death of an unborn child, following a 13-3 vote by the House Civil Justice & Claims Subcommittee on Tuesday.
The proposal, supported by Rep. Sam Greco, R-St. Augustine, seeks to add ‘unborn child’ to existing laws that allow family members to seek damages for deaths caused by negligence. Greco states that this aligns with civil protections in most states for fetal deaths.
“This bill allows parents, in the horrible circumstance where somebody’s wrongful act causes them to lose their unborn child, to seek recovery,” said Rep. Sam Greco, R-St. Augustine.
However, Dotie Joseph, D-North Miami, expressed concerns about the bill’s broader implications, stating, “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.”
Abortion-rights advocates are actively opposing the bill, arguing that it could have serious implications for reproductive rights, even though supporters claim the issue is unrelated to abortion.
Lawmakers have considered similar proposals in recent years, but they have not been enacted. The current bill is scheduled for the 2026 legislative session, starting on January 13.
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