House Bill 1528 amends Tennessee Code Annotated, specifically Section 20-5-106, regarding wrongful death actions. The bill introduces new provisions that allow for the waiver of a surviving spouse's right to institute and collect proceeds from a wrongful death action if it is established by the children or next of kin that the spouse has abandoned the deceased for a period of three years or has willfully withdrawn from the relationship. Additionally, after three years of abandonment or withdrawal, a rebuttable presumption of abandonment is created against the surviving spouse. The bill also stipulates that in such actions, the child or next of kin must serve the surviving spouse with legal process as outlined in civil procedure rules.

Furthermore, the bill clarifies the definition of "person" within this context to include unborn children, as defined in Section 63-6-1102. The changes aim to provide clearer guidelines on the rights of surviving spouses in wrongful death cases and the implications of abandonment. The act is set to take effect on July 1, 2026, contingent upon public welfare considerations.

Statutes affected:
Introduced: 20-5-106