The ability to sue for wrongful death of an unborn child may seem like a simple concept on the surface, but it is a law in Texas that does not come without its issues. The main issue is that pro-choice advocates want to ensure any wrongful death law will not harm those seeking legal abortions. Furthermore, it is important that such a law does not put the mother of the child at risk should she miscarry or otherwise lose the baby. Because of these controversies, the Texas law concerning wrongful death is very specific as to when you can and cannot sue for the loss of an unborn child.
In general, wrongful death occurs when someone causes the death of another person due to negligence or a willful act intended to cause death, according to the Texas Constitution and Statutes. The law has a specific section dedicated to explaining the application of wrongful death to a situation where an unborn child dies.
For the most part, if someone kills an unborn baby during the murder or attempted murder of the mother or when assaulting the mother, then it is a wrongful death situation, and you have the right to bring a case to court. This applies to babies at any gestational age.
However, the law does not allow for you to sue the mother of the child, a medical professional who caused the death of the baby as a result of a lawful and intended medical procedure or a medical professional who legally dispensed drugs to the mother. This part of the law covers the concerns pro-choice advocates have about abortions and placing blame on the mother in the event of a loss of pregnancy whether intentional or not. This information is for education and is not legal advice.