The bill H. 4565 seeks to amend the South Carolina Code of Laws regarding wrongful death actions to include provisions 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 existing law to grant the parent initiating the wrongful death action the authority to settle the case. It outlines the procedures for settling wrongful death actions, including the requirement for court approval of settlements and the necessary documentation to be provided. The bill aims to clarify the rights of parents regarding wrongful death claims for unborn children and streamline the settlement process in such cases.

Statutes affected:
12/17/2025: 15-51-10, 15-51-20, 15-51-42
Latest Version: 15-51-10, 15-51-20, 15-51-42