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New Legislation in Kansas and Florida Raises Concerns Over Fetal Rights
TALLAHASSEE, Fla. — Recent developments in Kansas and Florida reflect the growing trend among abortion opponents to seek legal frameworks that extend the rights of embryos and fetuses to mirror those of the pregnant women carrying them. Critics argue that these measures are part of a systematic approach to undermine reproductive rights.
The Kansas Legislature, with its Republican supermajority, recently overrode Democratic Governor Laura Kelly’s veto of a bill mandating that child support payments include embryos and fetuses, alongside providing certain tax breaks for pregnancies or stillbirths. Concurrently, Florida lawmakers are advancing a bill that permits parents to pursue civil lawsuits for the wrongful death of an embryo or fetus.
In the wake of the U.S. Supreme Court’s landmark decision to overturn Roe v. Wade, anti-abortion advocates have ramped up efforts to cement fetal rights into law, aiming for a national ban on abortion. Proponents of these new laws characterize them as necessary support measures for families and vulnerable populations.
“This bill is about being compassionate to pregnant women,” asserted Kansas Republican state Rep. Susan Humphries.
According to the advocacy group Pregnancy Justice, at least 17 states had enacted laws by last year recognizing fetal rights within various legal contexts. Most states, including Florida and Kansas, already impose criminal liability for the death of a fetus outside of abortion procedures.
Moreover, states such as Georgia and Utah offer tax deductions for fetuses, while Kansas has enacted a policy allowing parents to claim an additional child tax deduction upon the birth or stillbirth of a child. Under this new legal framework, child support obligations in Kansas will also initiate “from the date of conception,” effective July 1.
“It really is common sense, to provide support for women,” remarked Republican state Sen. Kellie Warren, a supporter of the Kansas legislation.
Meanwhile, Texas recently passed a child support proposal, with similar initiatives appearing this year in states like Missouri, Montana, Pennsylvania, and Virginia, as noted by an analysis from the Associated Press using the bill-tracking software Plural.
The bill progressing in Florida would allow parents to file lawsuits concerning the wrongful death of an embryo or fetus at any stage of pregnancy. Should it pass, juries could award damages based on the anticipated income the fetus would have generated, according to the bill’s proponents.
This legislation has successfully navigated through the full House and has received approval from its second Senate committee; however, its final committee hearing is yet to be scheduled.
Currently, Florida is one of six states that do not recognize wrongful death claims for fetuses, unlike Kansas, which has similar legislation already in place. Republican Sen. Erin Grall, a sponsor of the Florida bill, emphasized that the measure “is not about abortion.”
“It’s not a secret. Everybody in the room knows where I stand on life,” Grall stated. “To me, this is about parity in our civil justice system.”
Opponents of the Kansas and Florida proposals argue they represent a shift from allowing state-level abortion bans to a broader national agenda aimed at criminalizing abortion in the name of enforcing fetal rights.
Mary Ziegler, a law professor at the University of California, Davis, noted that Florida’s recent measure reflects a “well-defined and public playbook” aiming to establish a legal basis for a nationwide abortion prohibition.
“It’s about setting a precedent for recognizing fetal rights in one context being used to recognize fetal rights constitutionally,” Ziegler explained.
Florida previously considered a wrongful death measure similar to the current proposal, but it was stalled due to apprehensions raised following an Alabama Supreme Court ruling that deemed frozen embryos legally equivalent to children. This ruling led to a halt in in vitro fertilization (IVF) services in Alabama until legislative protections were enacted.
Concerns regarding the implications for IVF services continue to resonate among Floridian lawmakers, healthcare professionals, and reproductive rights activists.
Democratic state Rep. Allison Tant voiced her opposition to the Florida bill, stating it “imperils” the fertility services that facilitated her path to motherhood.
“IVF pregnancies are inherently fragile and risky,” Tant noted. “We are going to see lawsuits like we’ve never seen.”
Proponents of reproductive rights in Florida also express worries that wrongful death lawsuits could adversely affect healthcare providers involved in abortions, as well as family members supporting a loved one in obtaining abortion services or managing miscarriages within fertility clinics.
In Texas, a notable case involved a man who filed a wrongful death lawsuit against three women accused of assisting in obtaining abortion medication for his ex-wife, although the case was later settled.
Despite the proposal in Florida presenting assurances that it would not authorize lawsuits against mothers for unborn child deaths or against healthcare providers delivering “lawful” medical care, concerns of abuse persist.
Republican Sen. Tom Leek expressed his reservations by voting against the bill in committee, indicating potential risks of the legislation being “weaponized” against women who experience the loss of a child.
The apprehension surrounding possible legal ramifications could dissuade many obstetricians from taking on high-risk patients or continuing their practice in Florida, a point emphasized by a lobbyist representing a medical malpractice insurance company.
“There is a serious concern that there are other motivations here behind this bill, specifically with respect to abortion, with respect to potentially IVF in the future,” Democratic Sen. Tina Polsky asserted. “This is setting a new base for future issues, for future liability, for future bans. And it’s incredibly concerning.”
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