The bill amends Florida Statutes to address civil liability for the wrongful death of an unborn child. It revises the definition of "survivors" to explicitly include the parents of an unborn child and introduces a new definition for "unborn child" as a member of the species Homo sapiens at any stage of development carried in the womb. Additionally, the bill prohibits wrongful death actions against the mother of an unborn child or against medical providers for lawful medical care provided under certain circumstances, including assisted reproductive technologies.
Furthermore, the bill allows parents of an unborn child to recover damages for mental pain and suffering from the date of injury, while also specifying that certain damages cannot be recovered if the decedent is an unborn child. The amendments conform existing legal language to reflect these changes, ensuring clarity in the definitions and rights of action related to wrongful death cases involving unborn children. The act is set to take effect on July 1, 2025.
Statutes affected: H 1517 Filed: 768.19
H 1517 c1: 768.19