TALLAHASSEE, Fla. — One of the most contentious proposals of the 2026 legislative session has cleared its first Senate hurdle by the slimmest of margins.
Senate Bill 164, sponsored by Sen. Erin Grall (R-Vero Beach), would allow parents to sue for the wrongful death of an unborn child at any stage of pregnancy, dramatically expanding Florida’s current law. Right now, only limited damages are available in cases involving fetal loss after 20 weeks.
“An unborn child is a child just like a minor child in our wrongful death act,” Grall argued during Wednesday’s Judiciary Committee meeting.
Supporters say the change would bring Florida in line with at least 15 other states and give grieving parents meaningful recourse when negligence causes a miscarriage or stillbirth. The bill includes exemptions shielding mothers from lawsuits and protects doctors who provide lawful, consented medical care, including IVF, as long as they meet accepted medical standards.
Damages could cover parents’ mental pain and suffering, medical costs, and even future “support and services” a child might have provided.
But the proposal drew sharp pushback from Democrats, medical groups, and malpractice insurers, who warned it could drive OB-GYNs out of Florida, spike liability costs, and create litigation over natural miscarriages, even very early in pregnancy.
“I think it's way too speculative,” said Sen. Lori Berman (D-Boynton Beach). “So how crazy are we to be changing our law so that you can have support and services when it's we're just talking about a fertilized egg.”
Mark Delegal, speaking on behalf of malpractice insurers, cautioned lawmakers that patients could lose access to care if physicians are disinclined to come to Florida.
“There was a recent study done that says by the year 2035, we need another 500 OB-GYNs in Florida,” said Delegal. “The sad reality of this bill — the very people who need this obstetrical care the most in Florida are not going to get it.”
Supporters dismissed concerns as fear-mongering.
“What this bill does— it places similar value, if not the same value, on the life of an unborn child,” said Sen. Colleen Burton (R-Winter Haven).
The measure ultimately advanced 5-4, with two Republicans breaking from their party to vote no — a sign of the political and policy anxiety swirling around the bill.
“I think it bodes very poorly for this bill,” said Sen. Tina Polsky (D-Boca Raton), pointing to the defections and recalling a similar measure that failed last year.
SB 164 now heads to its next Senate stop, but the split vote suggests it may yet again lack the support needed to reach the governor.
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