Prenatal Wrongful Death
Take action
Record your position on this measure.
Create an account to record your position, submit testimony, or contact your legislator.
Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Senate
- Passed House
- To Governor
- Became Law
Overview
This bill amends South Carolina law to allow for wrongful death lawsuits to be brought on behalf of an unborn child at any stage of development. It expands the definition of who can bring such a lawsuit to include both the mother and father, and changes the process for settling these claims, allowing the parent initiating the action to approve settlements. The bill also clarifies that a violation of certain regulations related to abortion constitutes prima facie evidence for a wrongful death claim.
Key provisions
- Allows wrongful death actions to be brought for an unborn child at any stage of development.
- Designates both the mother and father as potential plaintiffs in a wrongful death action.
- Grants the parent initiating the action the authority to settle the wrongful death claim.
- Establishes a violation of abortion regulations as prima facie evidence for a wrongful death claim.
- Clarifies the beneficiaries of a wrongful death action to include the mother, father, and children.
- Specifies the requirements for petitioning the court for approval of a settlement.
- Addresses the discharge of liability once a settlement is approved.
Who is affected
- Parents of unborn children
- Mothers
- Fathers
- Healthcare providers (related to abortion)
- Legal representatives
Notable changes
Bill text
Read the latest version inline or switch to a previous version.
Text extraction is in progress. View the official source.
Sponsors
Official sponsors from legislative records.
1 on record
Primary sponsor
Arguments
Reasons offered for and against this legislation.
Arguments in favor
No arguments in favor have been submitted.
Submit yoursArguments opposed
No arguments opposed have been submitted.
Submit yours