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Florida · 2026 Regular Session
S0164Civil Liability for the Wrongful Death of an Unborn Child
Direction
Abortionpersonhood ivfAI label
↓Restricts abortion accessmodel confidence 80%
Expands the definition of 'unborn child' to any stage of development carried in the womb and allows parents to bring wrongful death actions and recover damages for the death of an unborn child, increasing legal recognition of the unborn as a person for civil liability purposes.
“Unborn child” means a member of the species Homo sapiens, at any stage of development, who is carried in the womb.
Why the model tagged it this way: The bill creates civil wrongful-death liability for the death of an 'unborn child' (defined as a Homo sapiens at any stage in the womb), allows parents to recover damages including for mental pain and suffering, and reorders definitions; this expands fetal personhood for tort purposes. It explicitly shields the mother and compliant medical providers (including ART/IVF-related care) from such suits, preventing the expansion from restricting abortion or IVF access in those cases.
Related bills
H0059Pregnant Women in Custody↓Restricts abortion access↑Expands abortion access Failed
H0289Civil Liability for the Wrongful Death of an Unborn Child↓Restricts abortion access Failed