HB316 Alabama 2010 Session

Summary

Primary Sponsor

Spencer Collier

Republican

Session

Regular Session 2010

Title

Unborn child, civil action for injury or death of, authorized, Secs. 6-5-390, 6-5-391 am'd.

Summary

HB316 would treat an unborn child in the womb as a 'minor child' for civil injury and wrongful death actions, allowing parents to sue for injuries or death to an unborn child.

What This Bill Does

If enacted, the bill expands the definition of minor child to include an unborn child at any stage of development. It amends the civil action laws to let parents sue for injury to or wrongful death of an unborn child, with rules on who may initiate the action (equal rights for parents if they live together; otherwise the custodian has the exclusive right). It preserves existing abortion laws and clarifies that the bill does not criminalize abortion or make abortion illegal. It also notes a local-funding expenditure implication, but states the bill is exempt from Amendment 621 requirements due to defining a crime or amending a crime, and it would take effect six months after passage or final approval.

Who It Affects

• Unborn children in utero in Alabama, who would be included in the definition of 'minor child' for purposes of civil injury and wrongful death actions, enabling claims related to injuries or death during pregnancy.
• Parents and legal guardians (fathers and mothers) of unborn children, who would have the right to commence such civil actions on behalf of the unborn child, with joint rights if they live together and exclusive rights for the parent with custody if they do not.

Key Provisions

• Amends §6-5-390 to include unborn child in the definition of 'minor child' and to specify who may sue (equal rights for parents living together; exclusive right for the parent with custody when not living together or when custody is vested in another party).
• Amends §6-5-391 to include unborn child in the definition of 'minor child' for wrongful death claims, and sets who may sue and how damages are distributed, extending the wrongful death framework to unborn children.
• Provides that the bill would require a new or increased local expenditure, but classifies the bill as exempt from Amendment 621 requirements because it defines a new crime or amends the definition of an existing crime.
• Effective date: six months after the bill passes and is approved by the Governor (or becomes law otherwise).
• Contains abortion-related clarifications: nothing in these sections makes abortion illegal or legal beyond what is already authorized by law.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Unborn Child