This bill amends Florida Statutes to address civil liability for the wrongful death of an unborn child. It revises the definition of "survivors" to 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, similar to the provisions for deceased minor children. However, it specifies that certain damages cannot be recovered if the decedent is an unborn child. The bill also makes conforming changes to cross-references within the statutes and establishes an effective date of July 1, 2026, for these amendments.
Statutes affected: S 164 Filed: 768.19