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SB 164

Civil Liability for the Wrongful Death of an Unborn Child

2026 Regular Session Introduced by Erin Grall and 1 co-sponsor

SB 164 permits parents to sue for civil damages when another party's wrongful conduct causes an unborn child's death, extending Florida wrongful death law to fetuses at any pregnancy stage.

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Bill Summary · SB 164

Legislative bill overview

SB 164 would establish civil liability for wrongful death of an unborn child in Florida, allowing parents to sue for damages when a fetus is killed through another party's negligence or wrongful conduct. The bill extends Florida's wrongful death statute to include unborn children at any stage of pregnancy, creating a new cause of action separate from existing maternal injury claims.

Why is this important

This legislation would significantly expand legal protections and financial remedies available to parents who lose pregnancies due to others' actions, potentially affecting medical malpractice, accident liability, and criminal-adjacent civil cases. The bill's passage would make Florida one of several states recognizing fetal wrongful death claims, which has substantial implications for tort law, insurance costs, and how the law defines legal personhood.

Potential points of contention

  • Definition of personhood: Establishing when legal rights attach to unborn children conflicts with abortion jurisprudence and raises questions about consistency with existing Florida law on fetal viability and personhood
  • Insurance and liability costs: Expanding wrongful death claims could increase medical malpractice insurance premiums, defensive medicine practices, and litigation expenses that may be passed to consumers
  • Scope ambiguity: Unclear whether the bill covers all pregnancies or only viable/later-stage fetuses, and what conduct qualifies (negligence, intentional acts, medical decisions, etc.)

Compiled from official sources — confirm details with the bill’s official record.

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