The bill S. 713 proposes amendments to the South Carolina Code of Laws regarding wrongful death actions, specifically for unborn children. It allows for a wrongful death action to be maintained for an unborn child at any stage of development and establishes that a violation of specific abortion laws serves as prima facie evidence for parents to initiate such actions. Additionally, the bill stipulates that the mother, father, or both may bring a wrongful death action for a deceased unborn child, and they will be the only beneficiaries of the action.
Furthermore, the bill modifies the authority to settle wrongful death actions, granting the parent initiating the action the power to settle on behalf of the unborn child. It outlines the procedures for seeking court approval for settlements, whether an action is pending or not, and specifies the necessary documentation and hearings required for the court to evaluate and approve settlements. The bill aims to clarify the legal framework surrounding wrongful death claims for unborn children and streamline the settlement process for such cases.
Statutes affected: 12/10/2025: 15-51-10, 15-51-20, 15-51-42
Latest Version: 15-51-10, 15-51-20, 15-51-42