If state lawmakers have their way, a simple sip of wine or a single cigarette — taken before a woman even knows she is pregnant — could become a criminal offense.
Anything a woman does that could potentially injure a fetus, whether that be accidental or intentional, could be deemed as child abuse and neglect according to the proposed fetal personhood bill (Senate Bill 1284), said Danaya C. Wright, sessums professor of constitutional law at the University of Florida Levin College of Law.
“How could you criminalize a woman who goes on a walk and she trips, and she falls, and it causes a miscarriage,” Wright said. “You’re going to say that’s manslaughter?”
“Fetal personhood” refers to the belief that life starts at conception, allowing a fetus at any stage of development to be considered a person with full legal rights. This bill has tremendous implications for reproductive rights in Florida because, presumably, it would be considered murder to have an abortion, Wright said.
This definition raises significant concerns by granting a fetus or embryo the same legal protections as a person. Wright illustrated this with a hypothetical scenario: If a person with seven frozen embryos passes away, and those embryos are legally considered people, their estate would have to be divided equally among them in a probate proceeding, raising legal complexities.
“Once you start going down that path and saying, ‘These are people, oh well, what people? Are they citizens of the United States? Are they not? Can they travel? Can they get a passport?’” Wright said. “(The bill) just can’t be enforced … (it) has unbelievably complicated ramifications of collateral damage.”
Wright is not convinced the bill will pass because of these legal questions and the uncertainty about whether lawmakers could enforce this bill.
If passed in Florida’s Senate, S.B. 1284 would allow parents to sue for damages for the wrongful death of an unborn child. The bill, sponsored by Sen. Erin Grall, R-Fort Pierce, was filed again after failing to pass last year.
With Florida’s six-week abortion ban already in effect, this bill would further restrict reproductive rights in the state.
Cheyenne Drews, the deputy communications director of Progress Florida, actively opposes legislation like “Civil Liability for the Wrongful Death of an Unborn Child” and warns that Florida is facing a healthcare crisis.
“Since the implementation of the near-total abortion ban, there has been a 28% decrease in abortions,” Drews said. “Patients have faced delays and denials of care, even in medical emergencies.”
She highlighted that laws like these not only deny patients critical care, even in medical crises, but they also create fear for doctors and nurses, who worry about facing potential jail time for treating patients in need.
Beyond restricting abortion access, the bill could also have dangerous consequences that aren’t immediately visible.
“It opens the door for those seeking abortion care and those supporting them to harassment from their partners or ex-partners via lawsuits seeking damages — a particularly frightening possibility for survivors of domestic violence,” Drews said.
Through her work with Progress Florida and the Floridians for Reproductive Freedom Coalition, Drews helps educate, empower and provide resources to state residents with the tools they need to make informed decisions about their families and futures.
Alexandria Spiller, a 20-year-old UF biology sophomore, is deeply troubled by the proposal of this bill, as she has personally seen the impact of restrictive abortion laws on people she knows. Spiller feels that this bill disproportionately harms economically disadvantaged students. She argues that it does not prevent abortions but instead pushes people toward unsafe procedures, leading to serious health risks.
“I personally know people that have been affected by bills that are in place now that aren’t even as restrictive as the bill you’re talking about,” Spiller said. “It’s only really affecting people that already can’t afford to have a kid (and) now they can’t afford to get abortions, if you have money and resources, you can just go somewhere else.”
Spiller emphasized supporting abortion is not about forcing anyone to have an abortion but about ensuring people have autonomy over their own lives.
Emily White, a 20-year-old UF political science sophomore, shares a similar perspective. As a member of UF Students for Life, an organization dedicated to providing resources that support alternatives to abortion, she believes education and support systems are crucial to helping students.
“I know there are pregnancy resource centers, especially around UF,” White said. “I know they work with a lot of organizations directly for college students … (like) Dorothy’s House.”
As a Catholic, White supports the bill but recognizes the challenges of discussing abortion on college campuses. She believes the polarized nature of abortion discussions often shuts down open dialogue, making it harder for students to learn about alternative options.
Her advice is to stay humble and approach conversations with understanding rather than aggression.
“Trying to talk to them on the level that they’re at and know that you’re there for them as a resource if they would want that opportunity versus being super aggressive right off the bat,” White said.
The 2025 Florida Legislative Session, which began March 4 and ends May 2, will determine the fate of bills like S.B. 1284. Lawmakers will decide whether the proposed fetal personhood legislation will pass.
Contact Amanda Roman at aroman@alligator.org. Follow her on X @mandy_romannm
Amanda Roman is a sophomore sports journalism major and the Spring 2025 women's basketball reporter. This is her second semester at the sports desk for The Alligator, and she previously interned for Fort Lauderdale United FC. In her free time, she enjoys lifting, shopping and reading.
