311.7709 Civil action for wrongful death of unborn child -- Damages, costs,
255 words·~1 min read·
/ky/311-7709A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
fees -- Defense.
(1)A woman on whom an abortion was performed or induced in violation of KRS
311.7705(1) or 311.7706(1) may file a civil action for the wrongful death of her
unborn child.
(2)A woman who prevails in an action filed under subsection
(1)of this section
shall receive from the person who performed or induced the abortion:
(a)Damages in an amount equal to ten thousand dollars ($10,000) or an
amount determined by the trier of fact after consideration of the evidence
at the mother's election at any time prior to final judgment subject to the
same defenses and requirements of proof, except any requirement of live
birth, as would apply to a suit for the wrongful death of a child who had
been born alive; and
(b)Court costs and reasonable attorney's fees.
(3)A determination that KRS 311.7705(1) or 311.7706(1) is unconstitutional shall
be a defense to an action filed under subsection
(1)of this section alleging that
the defendant violated the subsection that was determined to be
unconstitutional.
(4)If the defendant in an action filed under subsection
(1)of this section prevails
and:
(a)The court finds that the commencement of the action constitutes frivolous
conduct;
(b)The court's finding in paragraph
(a)of this subsection is not based on that
court or another court determining that KRS 311.7705(1) or 311.7706(1)
is unconstitutional; and
(c)The court finds that the defendant was adversely affected by the frivolous
conduct;
the court shall award reasonable attorney's fees to the defendant.