In a state still navigating the profound shifts following the overturning of Roe v. Wade, Florida lawmakers are taking a courageous stand for the most vulnerable among us. Senate Bill 164, sponsored by Sen. Erin Grall (R-Fort Pierce), seeks to amend the state’s Wrongful Death Act to explicitly recognize the loss of an unborn child as a compensable tragedy.
Advanced by a narrow 5-4 vote in the Senate Judiciary Committee on November 4, 2025, this legislation doesn’t just update outdated statutes, it reaffirms a fundamental truth: every human life, from the moment of conception, deserves legal protection and justice when wrongfully taken.
Under current Florida law, families grieving the loss of a preborn child due to negligence—such as a car accident or medical malpractice—face heartbreaking limitations. While a 1997 Florida Supreme Court ruling allows limited recovery for “negligent stillbirth” (covering only mental anguish and pregnancy-related medical expenses), the state’s Wrongful Death Act offers no broader recourse for damages like funeral costs, lost future support, or the full pain and suffering endured by parents.
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SB 164 changes that by defining an “unborn child” as “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.” This means parents could pursue full wrongful death claims for their child’s loss, treating it with the gravity it deserves—equal to that of any born family member.
From a pro-life perspective, this bill is a beacon of progress in a post-Dobbs world. Sen. Grall, who also championed Florida’s landmark six-week heartbeat protection law in 2024, articulated the moral imperative during committee hearings:
“Roe has been thrown out as the basis for determining when a life deserves the protection of the state. And in the state of Florida, we have decided that that is at six weeks, that is very young. We have also decided that in our criminal statute it is when it is in the womb, when in the mother, that is when it deserves protection.”
Her words echo the undeniable truth that science and ethics now compel us to acknowledge: the unborn child is not as abstract “tissue,” but as distinct human beings with inherent rights. Ultrasound technology, genetic testing, and embryology textbooks all confirm that life begins at fertilization—a single-celled zygote with unique DNA, poised for an extraordinary journey of growth.
This isn’t about restricting women’s choices; it’s about holding accountable those whose reckless actions end innocent lives. Imagine a grieving father, like those in real cases from Texas and Arizona, where men have successfully sued over the negligent deaths of their unborn children in accidents.
Under SB 164, Florida families would no longer be sidelined by legal technicalities, forced to swallow their sorrow in silence. Pro-life organizations, including Florida Family Policy Council, hail the bill as essential for “equal justice under the law,” ensuring that the pre-born are no longer second-class victims in our courts.
Critics, including activist pro-abortion groups like Planned Parenthood, warn of a “slippery slope” toward fetal personhood that could “erode reproductive freedoms.” They fear it might chill emergency medical care or open doors to frivolous lawsuits. But these concerns are overstated and easily addressed by the bill’s built-in safeguards.
SB 164 explicitly prohibits any right of action against a mother for the wrongful death of her unborn child or against a medical provider for “lawful medical care” provided in accordance with state law. In Florida, where abortions are protected up to six weeks and in cases of rape, incest, or life-threatening conditions, this language ensures the bill targets only true negligence—not consensual, legal procedures.
Even the potential impact on in vitro fertilization (IVF) is negligible, as proponents note the bill’s focus on “unborn children carried in the womb,” excluding lab-based embryos. This precision reflects careful drafting, not overreach. As Sen. Grall has emphasized in past iterations of similar legislation, the goal is compassion for the bereaved, not coercion.
Florida’s pro-life movement sees SB 164 as a natural extension of the state’s robust protections for the unborn. Since the 2024 heartbeat law took effect, maternal and infant health outcomes have stabilized or improved, with no evidence of the “maternity care deserts” doomsayers predicted. This bill builds on that foundation, signaling to the nation that the Sunshine State values every heartbeat—from the faintest flutter in the womb to the robust pulse of a newborn.
As the bill moves to the Senate Rules Committee, Florida Right to Life urges swift passage. In a culture that is numb to the silent suffering of the unborn and their families, SB 164 offers a remedy rooted in justice and humanity.
It’s time to enshrine in law what our hearts already know: the death of an unborn child is not a footnote—it’s a profound loss worthy of our full legal embrace. Lawmakers, listen to the whispers of the womb: protect them, honor our unborn children and their parents, and let justice truly be Justice for all.
LifeNews Note: Lynda Bell is the president of Florida Right to Life.
