Tennessee Right to Life Introduces the Prenatal Life and Liberty Act
Tennessee Right to Life believes it should be public policy that abortion is never preferable to life, regardless of any medical conditions a child may have.
Currently, in Tennessee, a person can be charged with fetal homicide for killing a woman and her unborn child regardless of the child’s gestational age. This should be the same in all areas of Tennessee law, including and especially the wrongful death statute.
House Bill 1252 sponsored by Rep. Jeremy Faison (R-Cosby) and Senate Bill 1370 sponsored by Senator Mike Bell (R-Riceville) would allow wrongful death claims to be litigated against someone who kills a mother and her unborn child. Currently, Tennessee law only allows for wrongful death claims for unborn children past the point of viability.
The legislation would also prohibit lawsuits against doctors who failed to discover or disclose a child’s medical condition prior to the child’s birth. These “wrongful birth” and “wrongful life” lawsuits occur when the parents argue that abortion would have been preferable to birth and life and petition the court for civil money damages claiming the doctor’s breach of duty and omission.
Legislative Actions on House Bill 1252
Referred to House Civil Justice Committee 02/24/2021
Placed on the calendar of House Civil Justice Subcommittee for 03/16/2021
Legislative Actions on Senate Bill 1370
Referred to Senate Judiciary Committee 02/22/21