A Florida bill that allows parents to sue over the death of unborn children has reignited debate over abortion rights.
Senate Bill 164, which is sponsored by Republican Sen. Erin Grall, would codify the state's wrongful-death statute to recognize an unborn child at any stage of development. If passed in its current form, the measure would give parents the right to seek damages, including medical costs, emotional distress, and funeral expenses, among others.
Florida Bill Sparks Debate Over Abortion Rights
In a statement on Tuesday, Grall questioned why there is a different standard of care in the medical profession when the patient is a child inside a woman's body. She argued that it simply does not make sense.
The Republican senator has introduced the bill for three consecutive years, but it has repeatedly been stalled amid legal and political concerns. There are some legislators who fear that the measure would result in a flood of litigation while others are concerned it would lead to litigation at some point against abortion providers, according to MyNews13.
Democratic Sen. Tina Polsky said that they are very open to consumers having the right to make use of the courts. However, she argued that the measure is simply abuse, adding that it was done for political and religious purposes and not for civil justice.
Grall's proposed bill narrowly cleared its first committee stop on Tuesday, with at least one Republican lawmaker voting against it. Now, it faces a steep path in Tallahassee, where previous versions of the measure failed to reach the governor's desk.
On the other hand, supporters of the bill argue that it would bring about a change in Florida that would bring it in line with 15 other states. They added that it would also give grieving parents meaningful recourse when negligence causes a miscarriage or stillbirth, WFLX reported.
Suing Over Death of Unborn Children
The proposed bill includes exemptions that protect mothers from lawsuits and shields doctors who provide lawful, consented medical care, such as in vitro fertilization (IVF), as long as they adhere to accepted medical standards.
Abortion advocates and medical-malpractice insurers are also pushing back against Grall's bill, as they are worried it would have a chilling effect on medical providers. They claim that the measure is just a roundabout way of creating fetal personhood. This refers to the belief that a fetus should be recognized as a legal and moral person with rights.
The director of policy and government affairs with Planned Parenthood Florida Action, Michelle Grimsley Shindano, said that the bill could be the start of a "slippery slope" where the state treats embryos and fetuses as "persons" under the law, as per The Gainesville Sun.
