Florida 'unborn child' bill paused in wake of controversial Alabama embryo ruling

Florida's bill allowing civil lawsuits from the wrongful death of an "unborn child" was sidelined Monday by its sponsor amid national, bipartisan opposition to Alabama's controversial Supreme Court ruling on embryos.

The measure known as SB 476 would have allowed a parent of an unborn child to recover damages for "pain and suffering" from whoever caused the death of the child, not including the mother. Amendments were in the works to address concerns the law would be used against doctors who provide legal abortions.

A similar bill in the House is still under consideration, but the Senate sponsor isn't sure it will be "in the right spot," signaling that it might be doomed for this legislative session.

Critics of the bill said it was part of a push to bolster rights of fetuses, an issue that has taken the spotlight after the Alabama ruling, which determined embryos should be legally protected as children. The decision led to some clinics in the state halting in vitro fertilization treatment.

The Florida Supreme Court is still considering the state's 15-week abortion law and an effort to get abortion rights on the ballot this November.

More: 2024 starts with shrinking abortion access in US. Here's what's going on.

Bill's sponsor postpones 'unborn child' bill after preparing amendments

Sen. Erin Grall, the bill's sponsor, postponed action on SB 476 Monday, a move that darkens any prospect for similar legislation being considered by the House in the session’s closing two weeks.

“Although I have worked diligently to respond to questions and concerns, I understand there is still work that needs to be done,” Grall said. “It is important we get the policy right with an issue of this significance.”

Grall had already prepared an amendment intended to quell concerns that the approach could be used against doctors who provide legal abortions. But abortion rights supporters continued to maintain that the bill opens the door to lawsuits which could be weaponized against both women and health care providers.

Florida law already allows for lawsuits seeking pain and suffering awards involving the loss of a pregnancy in a car accident or other wrongdoing. With Grall’s measure, advocates saw another goal.

“What this bill does, that current law doesn’t do, is subject health care providers to harassing litigation by domestic abusers, rapists and anyone else who impregnates someone else from the moment of conception,” said Kara Gross, legislative director and senior policy counsel at the American Civil Liberties Union of Florida. Other activist organizations deemed Grall's move to shelf the bill a victory.

Alabama embryo ruling stokes concerns on fetal personhood arguments

Florida SB 476 was viewed by many critics as part of a push by anti-abortion advocates to strengthen legal support for fetal personhood, an effort spotlighted in the recent ruling by Alabama's high court.

The Alabama State Supreme Court ruled embryos created during IVF should be legally treated as children in a wrongful death case in which two couples sued after their frozen embryos stored in liquid nitrogen were accidentally destroyed.

IVF advocates say the ruling could have far-reaching consequences for millions of Americans struggling to get pregnant, especially those living in states with "personhood" laws granting legal status to unborn children.

The University of Alabama at Birmingham health system, Alabama's largest hospital, paused infertility treatments as a result of the ruling.

Republicans come out in support of IVF after Alabama ruling

Alabama Sen. Tommy Tuberville has spoken out in support of the state's Supreme Court ruling, emphasizing that the U.S. Supreme Court's decision that overturned Roe v. Wade put the decision back in the hands of the states.

His stance on IVF, however, was a bit more murky as he condemned the hospital's move to end IVF treatments.

The ruling put other U.S. Senate Republicans in a tough spot as well, as indicated by a memo that went out three days after the decision. National Republican Senatorial Committee executive director Jason Thielman cited the overwhelming support for fertility treatments, even among conservative voters, in the memo that encouraged senators to come out in support for IVF.

He called the ruling "fodder for Democrats hoping to manipulate the abortion issue for electoral gain," going on to say, "there are zero Republican Senate candidates who support efforts to restrict access to fertility treatments."

Former President Donald Trump also called on Alabama lawmakers to reverse the decision and spoke out in support of IVF.

Contributing: Trevor Hughes, Rachel Looker, Riley Beggin, David Jackson, Ana Go?i-Lessan, James Call

This article originally appeared on USA TODAY: After Alabama embryo ruling affecting IVF, Florida pauses bill