Bill > H4715

This bill amends South Carolina law to expand wrongful death legal provisions for unborn children, allowing parents to file lawsuits for the death of an unborn child at any stage of development. The legislation modifies three key sections of state law: first, it establishes that a wrongful death action can be maintained for an unborn child at any developmental stage, and specifically states that an abortion performed in violation of state regulations is prima facie evidence supporting such an action. Second, the bill clarifies that the mother, father, or both parents can bring a wrongful death action for a deceased unborn child, with the parents being the sole beneficiaries. Third, the bill provides detailed procedures for how such legal actions can be settled, giving the parent who initiates the wrongful death action the authority to settle the case, including requirements for court approval of settlements. The bill applies to various scenarios, such as actions not yet filed, actions in state or federal courts, and situations where settlements are reached before, during, or after trial. The legislation aims to provide a comprehensive legal framework for parents seeking recourse for the wrongful death of an unborn child, with specific provisions to protect the interests of the parents and ensure fair legal processes. The bill will take effect upon approval by the Governor.

Justice

https://www.scstatehouse.gov/billsearch.php?billnumbers=4715&session=126&summary=B