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HB 1528

Tort Liability and Reform - As introduced, expands the definition of a person for whom a wrongful death action may be brought to include an unborn child beginning at fertilization, rather than in utero; extends the period of time from two to three years after which a spouse is rebuttably presumed to have abandoned a deceased spouse for purposes of bringing a wrongful death claim. - Amends TCA Title 20 and Section 63-6-1102.

114th Regular Session (2025-2026) Introduced by Gino Bulso

Tennessee bill expands wrongful death claims to include unborn children from fertilization and extends spousal abandonment presumption period from 2 to 3 years.

Taken off notice for cal. in Calendar & Rules Committee
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Bill Summary · HB 1528

Legislative bill overview

HB 1528 expands Tennessee's wrongful death liability law in two ways: it allows wrongful death claims for unborn children beginning at fertilization (rather than requiring they be born alive), and it extends from two to three years the period after which a spouse is legally presumed to have abandoned a deceased spouse for wrongful death claim purposes.

Why is this important

These changes could significantly increase potential wrongful death liability for medical providers, pharmaceutical companies, and others in situations involving pregnancy loss. The fertilization standard also reflects a specific legal position on when life begins for tort purposes, which has broader implications for how Tennessee law defines personhood.

Potential points of contention

  • Biological vs. legal definitions: Expanding wrongful death claims to fertilization creates a legal definition of personhood that may conflict with medical, scientific, or religious understandings and could affect medical malpractice insurance and healthcare costs
  • Liability exposure: Medical providers and pharmaceutical companies could face increased litigation and liability for miscarriages, ectopic pregnancies, and other pregnancy complications occurring before viability
  • Spousal abandonment presumption: Extending the abandonment period from 2 to 3 years could affect inheritance rights and create longer periods of legal uncertainty for spouses in missing person situations

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

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