As the Florida Supreme Court debates putting abortion on the ballot, the Florida Senate is on the way to passing a bill that critics say would establish "fetal personhood" in civil liability cases.
The Senate bill, which would give parents the ability to sue for damages for the wrongful death of an unborn child, defines “unborn child” as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.”
The sponsor of the bill – Sen. Erin Grall, R-Fort Pierce – argued it created “parity,” as the definition for “unborn child” is also used in Florida law for criminal penalties.
But Democrats and critics of the bill say it is a roundabout way of creating fetal personhood. The terms refers to the belief that a fetus should be recognized as a legal and moral person with rights, often including the right to life, from the moment of conception.
“If you’re going to create personhood, then be obvious and say ‘this is what we are doing in Florida,' ” said Sen. Lori Berman, D-Boynton Beach.
Grall, who’s been behind many anti-abortion measures during her tenure in the Legislature, was at the forefront of last year’s "Heartbeat Protection Bill," which banned abortions after six weeks of pregnancy. That law currently is on hold pending a related legal challenge.
“Civil Liability for the Wrongful Death of an Unborn Child” (SB 476) would let a parent of an unborn child recover damages for “pain and suffering” from a person who is responsible for the unborn child’s death. Currently, Florida law only states “minor child.”
An earlier amendment added to the bill states the mother of the child cannot be sued for the wrongful death of her child.
Planned Parenthood, the National Organization for Women and Equality Florida all spoke against the bill and warned of a chilling effect on doctors and abortion providers who would be afraid of being sued for providing health care.