ACLU of Florida Warns SB 164 Would Unleash Miscarriage and Abortion Lawsuits Across Florida

TALLAHASSEE, FL – This evening, SB 164 advanced in the Senate Appropriations Committee on Criminal and Civil Justice. This bill would allow anyone who impregnates another person to file a lawsuit over a miscarriage or an abortion. If enacted, it would open the door to a wave of frivolous lawsuits targeting healthcare providers, hospitals, and even friends and family members who help someone access reproductive care.

SB 164’s sweeping and vague language would create extreme legal risk for providers, making it harder for pregnant patients to get timely, medically necessary care. It would also discourage OB-GYNs from practicing in Florida, further worsening a healthcare system already under strain. By adding yet another barrier to care, this bill would hit hardest in rural and low-income communities, where access to prenatal and emergency medical services is already limited.

Kara Gross, Interim Political Director of the ACLU of Florida, shared the following statement:

“This bill would be devastating to the health of every pregnant patient and to anyone who may become pregnant in the future.

“By authorizing lawsuits at ‘any stage of development,’ it would allow abusers to sue on behalf of a fertilized egg. This is an alarming escalation that threatens pregnant patients’ autonomy and further undermines access to reproductive healthcare in a state already operating under a dangerous near-total abortion ban.

“The sweeping liability this bill creates will have a chilling effect across Florida’s healthcare system. Doctors and hospitals will be forced to practice defensive medicine, delaying or denying critical care out of fear of being sued. OB-GYNs, especially those who treat high-risk pregnancies, will face untenable legal exposure, driving more providers out of Florida at a time when they are desperately needed.

“Florida’s prenatal care system is already strained to the breaking point. This bill will deepen that crisis, leaving pregnant patients with fewer providers, longer wait times, and greater pregnancy-related health risks. The result is clear: fewer doctors treating pregnant patients and worse health outcomes for pregnant Floridians.”

Read our Written Testimony in Opposition here.