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HB 1517

Civil Liability for the Wrongful Death of an Unborn Child

2025 Regular Session Introduced by Doug Bankson and 11 co-sponsors

Florida bill establishing civil liability for wrongful death of unborn children, allowing parents to sue for fetal loss from negligence or intentional acts.

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Bill Summary · HB 1517

Legislative bill overview

HB 1517 would establish civil liability rights allowing wrongful death lawsuits for the death of an unborn child in Florida. The bill creates a legal cause of action for parents or guardians to seek damages when a fetus is lost due to another party's negligent or intentional conduct. This expands existing wrongful death statutes to explicitly include unborn children at any stage of pregnancy.

Why is this important

This legislation directly impacts tort law and medical liability by potentially increasing lawsuits against healthcare providers, drivers, and others whose actions result in pregnancy loss. It intersects with broader debates about fetal personhood, as recognizing unborn children in civil law has implications for how the legal system defines and protects developing life. The practical effect would increase litigation costs and insurance premiums across multiple industries.

Potential points of contention

  • Fetal personhood definition: The bill doesn't specify at what point pregnancy loss creates liability, raising questions about whether this applies from conception, viability, or another threshold—each with different legal and philosophical implications
  • Healthcare provider concerns: Medical professionals worry about expanded liability exposure during miscarriage management, ectopic pregnancy treatment, and other routine obstetric care, potentially deterring providers from high-risk pregnancies
  • Causation and damages complexity: Determining which party caused pregnancy loss and calculating appropriate damages for fetal death involves medical and valuation challenges that differ significantly from traditional wrongful death cases

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

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