MISSISSIPPI LEGISLATURE

1998 Regular Session

To: Judiciary A

By: Representative Dedeaux

AN ACT TO CREATE A NEW CAUSE OF ACTION FOR DAMAGES ATTRIBUTABLE TO THE TERMINATION OF A PREGNANCY; AND FOR RELATED PURPOSES. 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) Any person who performs an abortion is liable to the mother of the unborn child for any damage occasioned or precipitated by the abortion, which action survives for a period of three (3) years from the date of discovery of the damage with a preemptive period of ten (10) years from the date of the abortion.

(2) For purposes of this section:

(a) "Abortion" means the deliberate termination of an intrauterine human pregnancy after fertilization of a female ovum, by any person, including the pregnant woman herself, with an intention other than to produce a live birth or to remove a dead unborn child.

(b) "Damage" includes all special and general damages which are recoverable in an intentional tort, negligence, survival, or wrongful death action for injuries suffered or damages occasioned by the unborn child or mother.

(c) "Unborn child" means the unborn offspring of human beings from the moment of conception through pregnancy and until termination of the pregnancy.

(3) (a) The signing of a consent form by the mother prior to the abortion does not negate this cause of action, but rather reduces the recovery of damages to the extent that the content of the consent form informed the mother of the risk of the type of injuries or loss for which she is seeking to recover.

(b) The laws governing medical malpractice or limitations of liability thereof are not applicable to this section.

SECTION 2. This act shall take effect and be in force from and after July 1, 1998.