HF 106 (LSB 1860YH (3) 91)

HOUSE FILE 106

BY  GUSTOFF, HERMANSON, THOMPSON, DUNWELL, FETT, GEHLBACH, HENDERSON, STONE, HOLT, GOLDING, BODEN, C. JOHNSON, DIEKEN, and CISNEROS

A BILL FOR

An Act relating to the survival of, and the bringing of a cause of action for, wrongful death of an unborn child.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 611.20, Code 2025, is amended to read as follows:
   611.20  Actions survive.
   1.  All causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the same cause of action.
   2.  For the purposes of the survival of, and the bringing of a cause of action for, wrongful death of an unborn child under subsection 1, “person” includes the unborn child. For the purposes of this subsection, “unborn child” means the same as defined in section 146A.l.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the survival of, and the bringing of a cause of action for, the wrongful death of an unborn child.
   Code section 611.20 (actions survive) provides that all causes of action shall survive and may be brought notwithstanding the death of the person entitled or liable to the cause of action. The bill amends the Code section to provide that specifically for the purposes of the survival of, and the bringing of a cause of action for, wrongful death of an unborn child, “person” includes the unborn child. The bill defines “unborn child” as an individual organism of the species homo sapiens from fertilization to live birth.