Sec. 10. (a) The following may bring an action for the recovery of damages against a person who has performed a dismemberment abortion in violation of section 1(c) of this chapter:

(1) A woman upon whom a dismemberment abortion has been performed.

Terms Used In Indiana Code 16-34-2-10

  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(2) The father of the unborn child.

(3) If a female was less than eighteen (18) years of age at the time of the dismemberment abortion or if she has died as a result of the abortion, the maternal grandparents of the unborn child on whose mother a dismemberment abortion was performed.

     (b) No damages may be awarded to a plaintiff if the pregnancy resulted from the plaintiff’s criminal conduct.

     (c) Damages awarded under this section shall include:

(1) damages for all injuries, including psychological and physical injuries, caused by the dismemberment abortion; and

(2) damages equal to three (3) times the cost of the dismemberment abortion.

As added by P.L.93-2019, SEC.8.

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