‘Unborn Child’ Bill backed in House

The Florida House on Tuesday advanced a proposal that would allow parents to seek pain-and-suffering damages in wrongful-death lawsuits involving an “unborn child.”

The House Civil Justice & Claims Subcommittee voted 13–3 in favor of the bill (HB 289), which would add “unborn child” to statutes that allow family members to pursue damages when a death is caused by negligence or similar actions.

Abortion-rights advocates oppose the bill, arguing that it could have broader implications for reproductive care. However, supporters maintain the proposal is not related to abortion.

Bill sponsor Rep. Sam Greco, R-St. Augustine, said most states already provide civil protections for the wrongful 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.

Rep. Dotie Joseph, D-North Miami, pushed back, warning that the measure could effectively grant embryos and fetuses legal status equal to living persons.

“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.

Similar proposals have surfaced in recent years but have failed to pass. Greco’s bill is filed for the 2026 legislative session, which begins Jan. 13.

On Nov. 4, the Senate Judiciary Committee approved the Senate companion bill (SB 164), sponsored by Sen. Erin Grall, R-Vero Beach.