Prenatal Wrongful Death
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Overview
This bill amends South Carolina law to allow wrongful death actions to be brought on behalf of an unborn child at any stage of development. It expands the definition of beneficiaries to include the mother, father, or both, and allows the parent (mother or father) to settle the wrongful death action. The bill also clarifies that a violation of certain regulations related to abortion constitutes prima facie evidence for a parent to pursue a wrongful death action.
Key provisions
- Allows wrongful death actions for an unborn child at any stage of development.
- Designates the mother and father (or both) as beneficiaries of a wrongful death action.
- Grants the parent (mother or father) the authority to settle the wrongful death action.
- Establishes a violation of specific abortion regulations as prima facie evidence for a wrongful death action.
- Clarifies the definition of a personal representative for settlement purposes.
Who is affected
- Parents of unborn children
- Mothers
- Fathers
- Legal professionals (attorneys, probate court officials)
- Potential defendants in wrongful death lawsuits
Notable changes
- Previously, wrongful death actions were limited to born children.
- The bill expands the definition of who can bring a wrongful death action to include the parents of an unborn child.
Bill text
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