Bills › 88th General Assembly
Relating to personal injury to a viable fetus
Topics:Courts & civil law
Same legislation: HF 621
Where it is now
- Done: IntroducedMarch 5, 2019
- Done: SubcommitteeMarch 5, 2019
- Stopped: House committeeDied when the General Assembly ended
- Next: Passes the House
- Next: Senate committee
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary If a person wants to sue for injuries caused to a viable fetus, a parent or a legal guardian must file the lawsuit on the fetus's behalf. These legal claims can be filed on their own or combined with a claim for loss of companionship. The court must also ensure the fetus receives legal protections and fair treatment before deciding if it was viable.1
Read the official explanation
This bill provides that an action seeking damages for personal injury to a viable fetus must be brought by a parent, court-appointed guardian, or conservator, as the real party in interest. Such claims may be brought as an independent action or joined with a parental claim for loss of consortium. Additionally, the bill provides that a court shall not adjudicate the issue of viability of a fetus under the bill without affording the fetus, through the real party in interest, due process and equal protection of the law.
Family tree
88th General Assembly