A new piece of legislation in Kansas and a proposed bill in Florida have become focal points in the nationwide abortion debate, highlighting policies favored by abortion opponents. Critics worry that these measures could lead to embryos and fetuses being granted rights comparable to those of pregnant women. The Kansas Legislature, dominated by a Republican supermajority, overturned Democratic Governor Laura Kelly’s veto on a bill that mandates child support for embryos and fetuses and introduces a tax benefit for pregnancies and stillbirths. Meanwhile, Florida legislators are progressing a bill that would allow parents to claim civil damages for the wrongful death of an embryo or fetus.
These legislative efforts come in the wake of the U.S. Supreme Court’s decision to overturn Roe v. Wade, prompting anti-abortion activists to advocate for policies that secure fetal rights, with the ultimate objective of banning abortion across the nation. Proponents of these measures argue they aim to support new and vulnerable families, with Kansas Republican state Representative Susan Humphries stating that such bills are meant to show compassion towards pregnant women.
In various states, fetuses already possess certain legal rights. According to Pregnancy Justice, an advocacy group for pregnant individuals, at least 17 states have enacted laws that confer rights to fetuses within criminal or civil contexts. Additionally, in many states, including Florida and Kansas, individuals can face criminal charges for causing the death of a fetus, excluding cases involving abortion. Kansas is set to follow in the footsteps of Georgia and Utah, which provide income tax benefits for fetuses, by permitting parents to claim an extra dependent child deduction for the birth year or stillbirth.
Kansas’s new law, effective July 1, obligates divorced or single parents to commence child support payments from the date of conception. Supporters assert that these measures make sense as they offer support to women. Alongside these developments, various other states like Texas, Missouri, Montana, Pennsylvania, and Virginia have proposed similar laws related to child support and fetal rights.
Focusing on Florida, a legislative proposal would enable parents to file wrongful death lawsuits should an embryo or fetus die at any pregnancy stage, with potential monetary compensation for the wages the fetus might have earned. While the bill has cleared the state’s full House and its second Senate committee, it awaits its final committee hearing. Florida remains one of six states without wrongful death lawsuit provisions for fetuses.
Republican Senator Erin Grall of Florida has emphasized the bill’s intentions are not abortion-related but rather about ensuring equity within the civil justice system. Legal scholars, however, express concern that the Florida and Kansas proposals might pave the way for a national ban on abortion by gradually recognizing the constitutional rights of fetuses, adding that this approach aligns with long-term anti-abortion strategies.
In Florida, criticisms center on fears that such wrongful death lawsuits could jeopardize services such as in vitro fertilization and potentially impact healthcare providers involved in abortions or families aiding abortion-seekers. Although Florida’s bill includes clauses to protect mothers and healthcare providers offering lawful care, concerns linger over its implications for reproductive services. Some lawmakers caution against potential misuse of the legislation to target women experiencing pregnancy loss, while others worry about broader future legal repercussions.