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Oklahoma ‘Unborn Person Wrongful Death Act’ (SB 1728)

This law was last updated on Jun 30, 2020




SB 1728




Jan 16, 2020

Full Bill Text

This bill makes significant amendments to provisions regarding wrongful death claims against abortion providers. A fetus will have a viable claim for wrongful death under the amended statute if any of the following occurs: 

  • the physician fails to obtain or document voluntary and informed consent from the pregnant woman to perform the abortion;
  • the pregnant woman withdraws consent prior to performing the abortion;
  • the pregnant woman goes through with the abortion due to pressure from a third party;
  • the physician fails to document that the pregnant woman is not a minor;
  • the pregnant woman is a minor and the abortion fails to obtain informed consent from a parent or guardian, proof that the minor is emancipated, or judicial authorization of the abortion;
  • the physician who performs the abortion causes physical harm or psychological to the woman;
  • the physician does not screen the pregnant woman for routine risk factors;
  • physician fails to screen the pregnant woman for psychological impairments such as drugs, alcohol, illness or fatigue;
  • physician makes fraudulently induces or misleads the pregnant woman in response to a question; or
  • there are any other circumstances that violate state law

A parent or grandparent of the fetus can bring a wrongful death action as described above provided, however, the parent or grandparent may not maintain such action if they coerced the mother of the fetus to abort the fetus.

This liability cannot be waived.

Latest Action

Introduced – 1/16/2020

Engrossed – 3/9/2020

Enrolled – 5/15/2020


Primary Sponsor Co-sponsor
Steve Bullard (S) House:
Tom Gann (H) Sean Roberts
Justin Humphrey
Zack Taylor
Kevin West
Jim Olsen
David Smith
Jay Steagall
Marilyn Stark
Kenton Patzkowsky
Jim Grego
Denise Hader
Nathan Dahm
Roland Pederson
Paul Scott
Brent Howard
Dave Rader
Julie Daniels
Wayne Shaw
Micheal Bergstrom
Larry Boggs