Maine Bill Allowing Wrongful Death Cause of Action for a Viable Fetus (LD 327)
This law was last updated on Jul 24, 2017
LD 327 would establish a cause of action for the wrongful death of an unborn viable fetus. The bill specifies that such an action must be brought in Probate Court.
The bill provides that an unborn viable fetus is a fetus that has reached the 24th week of gestation or beyond.
The bill specifies that a cause of action for the wrongful death of an unborn viable fetus does not exist:
- Against the mother;
- Against a health-care practitioner or health-care provider performing an abortion permitted by law and for which required consent was given; or
- Against a health-care practitioner or health-care provider if the health-care practitioner or health-care provider did not know of the pregnancy and, under the applicable standard of care, had no medical reason to know of the pregnancy.
Similar to LD 1193, which failed to pass in 2013.
Passed the House on January 31, 2017.