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SB 1743

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 Janice Bowling

Tennessee bill expands wrongful death claims to unborn children from fertilization and extends spousal abandonment presumption from two to three years.

Failed in Senate Judiciary Committee
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Bill Summary · SB 1743

Legislative bill overview

SB 1743 modifies Tennessee's wrongful death statute in two ways: it expands who can bring a wrongful death claim to include unborn children from the moment of fertilization (rather than requiring they be in utero), and it extends the time period after which a surviving spouse is presumed to have abandoned a deceased spouse from two years to three years before being eligible to bring a claim.

Why is this important

These changes directly affect who has legal standing to sue for damages when someone dies, with significant implications for both abortion-related litigation and family law. The fertilization-based definition could make wrongful death claims possible in cases involving early-stage pregnancy loss, while the spousal abandonment extension affects surviving spouses' rights to pursue claims after long separations.

Potential points of contention

  • Fertilization definition and abortion implications: Defining personhood from fertilization aligns with certain pro-life positions but conflicts with others' views on when life legally begins, potentially creating complications for medical malpractice and other litigation involving early pregnancy.
  • Practical enforcement challenges: Proving fertilization occurred and establishing causation of harm at the cellular level may present evidentiary difficulties in court proceedings.
  • Spousal abandonment period: Extending from two to three years could either protect spouses who temporarily separate or complicate claims by those genuinely abandoned, depending on individual circumstances and intent.

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

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