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HF 106

A bill for an act relating to the survival of, and the bringing of a cause of action for, wrongful death of an unborn child.

2025-2026 Regular Session Introduced by Brooke Boden and 13 co-sponsors

HF 106 allows parents to file wrongful death lawsuits for unborn children, expanding legal recourse and recognizing unborn lives in wrongful death claims.

Subcommittee Meeting: 01/30/2025 11:30AM RM 19 (Cancelled).
#children #claims #fetuses #tortlaw #wrongfuldeath
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Bill Summary · HF 106

Summary of Bill HF 106

Bill Overview

Bill Number: HF 106
Title: A bill for an act relating to the survival of, and the bringing of a cause of action for, wrongful death of an unborn child.
Introduced: January 22, 2025
Status: Subcommittee Meeting: 01/30/2025 11:30 AM RM 19 (Cancelled)
Classification: Bill
Subject Areas: Children, Claims, Fetuses, Tort Law, Wrongful Death

Purpose and Intent

The primary purpose of HF 106 is to amend existing legislation regarding wrongful death claims to explicitly include unborn children. The bill seeks to establish that the death of an unborn child can be the basis for a wrongful death lawsuit, thereby allowing parents or guardians to seek legal recourse in such tragic circumstances.

Key Provisions

  • Amendment to Code Section 611.20: The bill proposes an amendment to Section 611.20 of the Code 2025, which currently states that all causes of action survive the death of the person entitled or liable to the cause of action.
  • Definition of "Person": Under the proposed amendment, the term "person" will include unborn children specifically for the purposes of wrongful death claims.
  • Definition of "Unborn Child": The bill defines "unborn child" as an individual organism of the species Homo sapiens from fertilization until live birth, aligning with definitions in existing law.

Impact

  • Legal Recourse for Parents: If enacted, this bill would provide parents of unborn children who die due to wrongful acts the ability to file lawsuits for damages, similar to those available for the death of a born child.
  • Judicial Considerations: Courts would need to interpret and apply this new definition of "person" in wrongful death cases, potentially leading to changes in how such cases are litigated.

Procedural Aspects

  • The bill was introduced and referred to the Judiciary Committee on January 22, 2025.
  • A subcommittee meeting was scheduled for January 30, 2025, but it was cancelled, indicating potential delays in the legislative process.

Conclusion

HF 106 aims to expand the legal framework surrounding wrongful death claims to include unborn children, thereby allowing parents to seek justice for the loss of their unborn child. The bill's progression through the legislative process will determine its potential impact on families and the legal system.

Compiled from official sources — confirm details with the bill’s official record.

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