Florida Advances Bill to Allow Lawsuits for Wrongful Death of Fetuses

Recent legislative actions in Kansas and Florida have sparked intense debates, as proposals backed by anti-abortion advocates seek to extend legal rights to embryos and fetuses. These measures are seen by critics as a step towards granting fetuses the same legal status as women carrying them, with the ultimate goal of eradicating abortion nationwide.

Kansas Law: Extending Child Support and Tax Breaks to Embryos

On Thursday, the Kansas Legislature overrode Democratic Governor Laura Kelly’s veto of a bill that mandates child support payments to cover embryos and fetuses. Additionally, the law introduced income tax breaks for pregnancies and stillbirths. Republican supporters, such as State Rep. Susan Humphries, argue that the bill is an effort to show compassion toward pregnant women. It will also allow parents to claim an extra dependent child tax deduction for the year a child is born, or for a stillbirth. Kansas’ new law, effective July 1, also ensures that child support obligations begin from the date of conception. Other states, such as Georgia and Utah, already offer similar tax breaks, while Kansas joins them in requiring child support payments from the moment of conception. Republican State Senator Kellie Warren described the measure as “common sense,” emphasizing support for women. Despite these claims, critics fear that the measures could be used as part of a broader anti-abortion agenda.

Florida’s Bill: Wrongful Death Lawsuits for Embryos and Fetuses

In Florida, lawmakers are pushing a bill that would permit parents to seek civil damages for the wrongful death of an embryo or fetus at any stage of pregnancy. The proposal, which has cleared the full House and passed a Senate committee, would allow juries to award monetary damages, including the wages the fetus could have earned had it been born.

Florida, along with several other states, does not currently allow lawsuits for the wrongful death of a fetus. If passed, this bill would align Florida with states like Kansas, which already has similar laws. Florida Senator Erin Grall, who is sponsoring the bill, argues that it is not intended to focus on abortion but to ensure “parity” in the state’s civil justice system.

However, critics, including reproductive rights advocates, express concern that wrongful death lawsuits could target health care providers, fertility clinics, and even individuals involved in helping women obtain abortions. This could lead to greater legal exposure for those involved in legal reproductive care, including those seeking in vitro fertilization (IVF). Democratic lawmakers, such as Rep. Allison Tant, warn that such measures would disproportionately impact IVF services, which are already precarious and prone to miscarriage.

Setting the Stage for National Abortion Restrictions

Experts, including Mary Ziegler, a law professor at the University of California, Davis, argue that the Kansas and Florida measures are part of a larger legal framework designed to ultimately ban abortion across the U.S. Ziegler believes that recognizing fetal rights in one legal context could lead to constitutional recognition of fetal rights, setting a dangerous precedent for national abortion restrictions.

In Florida, concerns also persist over the potential chilling effect on health care providers. A lobbyist for medical malpractice insurance companies suggests that many obstetricians and gynecologists could avoid high-risk pregnancies to minimize potential lawsuits. This could, in turn, make it harder for women to access essential reproductive care in the state. As both states move forward with these proposals, concerns over their long-term consequences continue to mount. The focus on expanding fetal rights, critics argue, could create a legal framework to target reproductive rights, including access to abortion and fertility services, across the country.