A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 15-51-10, RELATING TO CIVIL ACTIONS FOR A WRONGFUL ACT CAUSING DEATH, SO AS TO PROVIDE THAT A WRONGFUL DEATH ACTION CAN BE MAINTAINED FOR AN UNBORN CHILD AT ANY STAGE OF DEVELOPMENT AND TO PROVIDE THAT A VIOLATION OF ARTICLE 6, CHAPTER 41, TITLE 44 IS PRIMA FACIE EVIDENCE ENTITLING A PARENT TO MAINTAIN A WRONGFUL DEATH ACTION ON BEHALF OF THEIR DECEASED UNBORN CHILD; BY AMENDING SECTION 15-51-20, RELATING TO THE BENEFICIARIES OF ACTION FOR WRONGFUL DEATH AND WHO MAY BRING AN ACTION, SO AS TO PROVIDE THAT THE MOTHER, FATHER, OR BOTH THE MOTHER AND FATHER MAY BRING A WRONGFUL DEATH ACTION FOR A DECEASED UNBORN CHILD AND THE FATHER AND MOTHER SHALL BE THE ONLY BENEFICIARIES; AND BY AMENDING SECTION 15-51-42, RELATING TO THE APPROVAL OF SETTLEMENTS OF WRONGFUL DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE THAT THE PARENT INITIATING THE WRONGFUL DEATH ACTION IS AUTHORIZED TO SETTLE THE ACTION.
Impact
The impact of HB 4715 on state laws will be significant as it expands the definition of beneficiaries in wrongful death actions to include parents of unborn children. The adjustments mean that mothers and fathers will now have the exclusive legal right to initiate a wrongful death action for an unborn child, potentially altering the landscape of civil litigation related to reproductive issues. This amendment could also lead to an increase in wrongful death claims, particularly in cases where abortion is involved, emphasizing legal protections for unborn life.
Summary
House Bill 4715 is a legislative proposal to amend the South Carolina Code by allowing wrongful death actions to be maintained for unborn children at any stage of development. It aims to update sections concerning civil actions related to deaths caused by wrongful acts, ensuring that parents can seek damages for the death of an unborn child. Particularly, it establishes that an abortion performed in violation of specified provisions serves as prima facie evidence that enables parents to file a wrongful death claim on behalf of their deceased unborn child.
Contention
Notable points of contention surrounding HB 4715 include debates on the implications of extending legal rights to unborn children. Advocates argue that the bill expresses a crucial recognition of fetal personhood and protects the rights of unborn children. Conversely, opponents might express concerns regarding the possible restrictions on abortion rights, viewing the bill as an overreach that could limit women's autonomy over their reproductive choices. The bill’s approach to defining wrongful death in the context of abortion raises ethical and legal questions that are likely to provoke heated discussions within the legislature and the public.