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.(Formerly HF 2230.)
Impact
The passage of HF2518 would potentially alter existing legal interpretations regarding fetal rights in the state. By establishing that an unborn child can be a party in a wrongful death suit, the bill could enable parents to seek damages in a legal context that previously may not have allowed for such claims. This change could have significant implications for both legal precedents and future cases involving unborn children, as it would set a formal recognition of the unborn in the legal system of Iowa.
Summary
House File 2518 is a legislative proposal in Iowa that addresses the legal framework surrounding the wrongful death of an unborn child. This bill makes a notable amendment to Iowa Code Section 611.20, affirming that causes of action shall not only survive the death of the person entitled or liable to the cause but also explicitly includes the unborn child in this context. The bill sets forth a definition of an unborn child as an individual organism of the species Homo sapiens from fertilization to live birth, allowing for legal accountability in wrongful death cases involving unborn children.
Contention
While supporters argue that this bill reinforces the rights of unborn children and offers parents a pathway to seek justice for loss, opponents raise concerns about possible overreach in legal interpretations and the potential implications for reproductive rights. Critics fear that such legislation may lead to further restrictions on abortion and could complicate medical practices surrounding pregnancy. The discourse surrounding HF2518 reflects broader societal tensions regarding reproductive rights and legal recognition of fetal personhood.