HF 621 (LSB 2561HH (2) 88)

HOUSE FILE 621

BY  JACOBSEN

A BILL FOR

An Act relating to personal injury to a viable fetus.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  613.15C  Personal injury to a viable fetus —— due process and equal protection of the law.
   1.  An action seeking damages for personal injury to a viable fetus must be brought by a parent, court-appointed guardian, or conservator, as the real party in interest. Such claims may be brought as an independent action or joined with a parental claim for loss of consortium.
   2.  A court shall not adjudicate the issue of viability of a fetus under this section without affording the fetus, through the real party in interest, due process and equal protection of the law.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that an action seeking damages for personal injury to a viable fetus must be brought by a parent, court-appointed guardian, or conservator, as the real party in interest. Such claims may be brought as an independent action or joined with a parental claim for loss of consortium. Additionally, the bill provides that a court shall not adjudicate the issue of viability of a fetus under the bill without affording the fetus, through the real party in interest, due process and equal protection of the law.