Provides for the right of action in wrongful death and survival actions
The enactment of HB 887 will influence how wrongful death and survival actions are pursued in Louisiana courts, particularly in circumstances affecting adopted individuals. By including adopted family members in the legal definitions, the bill ensures that these individuals can seek damages or bring actions related to the death of a family member, thus reinforcing the rights of those in adoptive relationships. This change may also harmonize legal principles with contemporary family structures and the realities faced by adopted individuals, aiming to eliminate disparities in legal recognition between adopted and biological family members.
House Bill 887 amends the Louisiana Civil Code to expand the definitions and rights associated with wrongful death and survival actions, specifically addressing situations involving children and siblings given in adoption. The bill clarifies that terms related to familial relationships, such as 'child,' 'brother,' 'sister,' 'father,' 'mother,' 'grandfather,' and 'grandmother,' include those related by adoption. This legislative change seeks to ensure that adopted individuals have the same legal standing as biological family members when it comes to seeking remedies in wrongful death or survival cases.
The sentiment surrounding HB 887 appears to be supportive among those who advocate for family law reforms, especially regarding the recognition of adoption in legal actions. Proponents argue that this amendment is a significant step toward inclusivity within family law, ensuring that the legal system acknowledges and protects the rights of all family members regardless of their biological ties. While there were no significant recorded oppositions noted in the discussions, the bill reflects an evolving understanding of familial relationships and the implications for legal rights.
Notably, while the bill does seem to be well-received, some may raise concerns about the broader implications of expanding legal protections to adopted children and siblings, particularly in how this may interact with existing family law statutes and inheritance rights. Critics may question whether such expansions could lead to complications in legal disputes or differentiate between biological and adoptive relationships in other legal contexts. However, as discussions reflect, the primary intention of HB 887 is to provide equitable treatment and recognition within the framework of wrongful death and survival claims.