A new Florida bill could redefine wrongful death law — and reignite national debate over when life, and legal liability, begin. Senate Bill 164 proposes that parents be allowed to file wrongful death lawsuits for the death of a fetus at any stage of development, a move that could dramatically expand civil litigation and reshape medical liability across the state.

Introduced by Sen. Erin Grall (R-Vero Beach) in October 2025, the proposal would make Florida one of the broadest jurisdictions in the nation for fetal wrongful death claims. According to the Florida Phoenix, 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.”

What the Bill Would Do — and Not Do

SB 164 would allow parents to sue for damages over fetal loss — even in the earliest weeks of pregnancy — except in cases involving fertility procedures or assisted reproductive technology. Lawsuits could not be brought against patients themselves or against providers handling embryos or gametes during fertility treatments.

While this language mirrors past drafts, it’s facing new political and legal scrutiny. The measure stalled last session after Senate Republicans, including former Senate President Kathleen Passidomo, questioned the breadth of the definition and its potential clash with Florida’s existing wrongful death statute.

Why This Matters Now

The timing is significant. Florida already operates under a six-week abortion ban, one of the strictest in the country. Critics, including Rep. Kelly Skidmore (D-Boca Raton), say the bill is less about expanding parental rights and more about establishing a legal foundation that blurs civil and moral boundaries around personhood.

Skidmore recently filed a separate proposal — HB 6001 — to eliminate state funding for crisis pregnancy centers, arguing that taxpayer dollars are being funneled to “religiously-motivated organizations” that no longer serve a legitimate purpose under the new abortion restrictions.

“When we live in a state that has a six-week ban, how many crisis pregnancies do you think there are that we still need to fund $29.5 million for these centers?” Skidmore told the Phoenix.

The two proposals — one expanding liability for fetal deaths, the other cutting funding for anti-abortion counseling — reveal the deep policy divide over what “pro-life” means in practice.

Legal and Ethical Implications

If passed, SB 164 could trigger profound ripple effects in medical malpractice, insurance, and reproductive law:

  • Medical Liability Expansion: Doctors, hospitals, and even car insurers could face claims for fetal death in any accident or medical event involving a pregnant patient.

  • Insurance Premiums: Obstetric and emergency care providers already pay some of the highest malpractice rates in Florida; expanding coverage to all stages of fetal development could make policies even costlier.

  • Causation Standards: Courts would face the near-impossible task of determining causation in miscarriages or early pregnancy losses — especially when multiple biological or environmental factors might contribute.

  • Constitutional Challenges: Legal scholars predict inevitable litigation over whether the law violates equal protection or due process rights by implicitly granting personhood to embryos.

According to Cornell Law School’s Legal Information Institute, wrongful death claims generally hinge on whether a “person” had a legally recognized existence. Extending that definition to embryos or pre-viable fetuses has been a flashpoint in other states, with courts often split on interpretation.

Florida in National Context

Florida’s proposal isn’t happening in isolation. Similar bills have appeared in Alabama, Georgia, and Missouri, with varying success. The Alabama Supreme Court recently allowed parents to sue for the destruction of embryos stored in a fertility clinic — a decision that effectively recognized frozen embryos as children for the purposes of wrongful death law.

Legal analysts fear a patchwork of definitions could create chaos for interstate medical providers and insurers. “If Florida follows Alabama’s lead,” said legal scholar Joanna Grossman in a Reuters analysis, “it would cement the concept of fetal personhood in civil law, not just criminal or moral codes.”

Moral and Political Crossroads

Supporters argue SB 164 is a compassionate step toward recognizing the profound loss families endure after miscarriage or fetal death. “Grief shouldn’t be dismissed just because the child wasn’t born yet,” one pro-life legal advocate told Florida Politics.

But critics warn that conflating moral loss with legal liability risks overreach. “You can’t legislate biology into certainty,” said Miami attorney Elena Avila, who defends hospitals in malpractice suits. “The legal system isn’t equipped to parse complex pregnancy outcomes without chilling medical judgment.”

In a state already fraught with battles over abortion access, this bill intensifies the cultural fault lines. Florida’s 2026 legislative session, set to begin January 13, promises to pit reproductive autonomy against the expanding frontier of wrongful death law.

Why It Matters for Florida Families and Practitioners

For grieving families, SB 164 could provide a new path to justice — a recognition that their loss matters under the law. But for physicians, insurers, and policymakers, it raises daunting questions about fairness, cost, and the limits of liability.

The Florida Senate has not yet scheduled hearings, but legal experts anticipate heated debate. If enacted, SB 164 would make Florida a test case for whether wrongful death law can — or should — encompass the unborn at every stage of development.

Bottom Line

The debate over Florida’s fetal wrongful death bill isn’t just about lawsuits; it’s about how a society defines life, loss, and accountability. Whether seen as a compassionate reform or a legal Trojan horse, SB 164 ensures that Florida will remain at the epicenter of America’s most polarizing legal battles.

For families navigating complex wrongful death claims, including fetal loss or medical negligence, experienced legal counsel can provide guidance through the evolving landscape.  Contact a Pensacola wrongful death attorney today to learn your options under current law.