Bill > S0713

This bill amends South Carolina law to expand wrongful death protections for unborn children at any stage of development, allowing parents to bring legal action for the death of an unborn child caused by wrongful acts, neglect, or default. Specifically, the bill establishes that if an unborn child dies due to another party's actions that would have been grounds for a lawsuit had the child lived, the responsible party can be sued for damages. The bill also clarifies that an abortion performed in violation of state law serves as prima facie evidence (legally sufficient proof) for parents to initiate such an action. Furthermore, the legislation provides that the mother, father, or both parents can bring a wrongful death lawsuit on behalf of the unborn child, with the parents being the sole beneficiaries of any potential legal settlement. The bill also outlines detailed procedures for how such lawsuits can be filed, settled, and approved by courts, including requirements for petitioning the court, presenting evidence, and obtaining judicial approval of settlements. The changes aim to provide legal recourse for parents in cases of unborn child fatalities and standardize the process for pursuing such claims.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=0713&session=126&summary=B