Imagine a pregnant mother involved in a devastating car crash caused by a drunk driver. She survives, but her unborn child does not. Or picture a case of medical negligence—perhaps a preventable error during a routine procedure—that ends the life of the baby she was carrying.
Under current Florida law, parents in these heartbreaking situations have limited recourse. They cannot bring a full wrongful death claim for the loss of their unborn child. That gap leaves families without the ability to recover the full damages they deserve for medical expenses, funeral mental pain and suffering that follows.
Senate Bill 164, sponsored by Sen. Erin Grall (R-Fort Pierce) with co-introduction by Sen. Yarborough, closes this unjust loophole. It amends Florida’s Wrongful Death Act to give parents the explicit right to sue for the wrongful death of their unborn child when a third party’s negligence causes the loss.
The bill is straightforward, narrowly tailored, and long overdue. Frankly, we at Florida Right to Life are baffled by the Pro-abortion opposition. This good bill doesn’t even mention abortion!
What SB 164 Actually Does
The legislation defines an “unborn child” clearly and biologically: “a member of the species Homo sapiens, at any stage of development, who is carried in the womb.” It adds the parents of an unborn child to the statutory definition of “survivors,” allowing them to recover the same categories of damages available to parents of a born minor child—lost support and services, mental pain, and suffering from the date of injury, medical and funeral expenses, and estate claims for lost earnings where applicable. That’s the hypothetical problem. The pro-abortion left can’t stand the truth. They are clearly not pro woman- they are pro-abortion!
Importantly, the bill includes strong protections that prevent misuse:
• No right of action may be brought against the mother herself.
• No liability for medical providers offering lawful care in compliance with the standard of care, including assisted reproductive technologies provided with the mother’s consent.
This is not about abortion. It is not about restricting a woman’s choices or targeting doctors who follow the law. It is solely about holding negligent third parties accountable when their actions kill an unborn child—exactly as the law already does for born children. The bill takes effect July 1, 2026, and carries no fiscal impact on state government.
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Senator Grall’s Persistent Leadership
Senator Erin Grall has championed this commonsense reform through multiple legislative sessions. This is her third attempt to pass the measure (following prior efforts in earlier years that advanced in committees but stalled), demonstrating unwavering commitment to Florida families. Each time, the bill has advanced through key committees—such as Judiciary and Appropriations on Criminal and Civil Justice—with strong support recognizing the need to address this inequity. In the current 2026 session, SB 164 passed the Judiciary Committee and then the Appropriations Committee on Criminal and Civil Justice (5-3 vote after debate), before being referred to the Rules Committee on January 29, 2026, where it currently sits.
A companion bill in the House (HB 289) passed the full House in January 2026 on a largely partisan vote, showing momentum on one side of the Capitol. There is no good reason for the Senate to let this languish further—especially with a Republican supermajority and broad public support for ensuring justice in cases of clear third-party negligence.
Why the Senate Must Hear and Pass SB 164 Now
Florida’s current law creates an arbitrary distinction: Parents can sue fully for the wrongful death of a born child, but not for an unborn one killed by the same negligent act. This outdated rule, rooted in older court interpretations, fails grieving families and undermines accountability.
Passing SB 164 would:
• Provide meaningful compensation and closure for parents enduring unimaginable loss.
• Align civil law with the reality that negligent acts causing fetal death deserve the same consequences as those affecting born children.
• Maintain clear safeguards to avoid any impact on reproductive rights, maternal autonomy, or lawful medical care.
Critics have raised concerns about potential broader implications (sometimes labeling it a step toward “fetal personhood”), but the bill’s explicit exceptions and narrow focus on third-party negligence refute those fears. It has been vetted through committees, analyzed with no state fiscal note, and enjoys support from those who prioritize family justice.
There is no excuse not to bring SB 164 to the Senate floor for a full debate and vote. Senator Grall has fought diligently for this reform—now it’s time for Senate leadership to act. Florida families deserve better than a system that leaves some losses unaddressed. Pass SB 164 and deliver justice where it’s long been denied.
Please contact:
Senate President Ben Albritton and respectfully implore him to make sure this bill is heard and voted on. There is no excuse to not pass this good legislation.
The Tallahassee # is 850-487-5027.
Thank you.
LifeNews Note: Lynda Bell is the president of Florida Right to Life.
