Senate approves Unborn Person Wrongful Death Act

OKLAHOMA CITY – The Senate approved the Unborn Person Wrongful Death Act Thursday to address the pain and suffering of family members of babies whose lives are ended through abortion.

Sen. David Bullard, R-Durant, is the author of Senate Bill 1728, which modifies provisions relating to awarding damages resulting from wrongful death in cases of abortions performed under fraudulent circumstances.

The bill authorizes parents and grandparents to recover damages relating to mental pain, anguish and pecuniary loss and holds the physician who performs the abortion fraudulently solely liable for the wrongful death.

Bullard said the bill has been a long time coming and thanked his colleagues for supporting the rights of Oklahoma’s families and remembering the innocent lives lost.

“With the passage of Senate Bill 1728, the Senate has taken a bold step in guaranteeing Oklahoma families their constitutional right to seek recourse through legal civil action to protect heir families from wrongful death.  Our federal and state constitutions as well as codified statutes guarantee every Oklahoma the right to civil recourse of wrongful death,” Bullard said.  “This bill will finally add the forgotten family members to this guaranteed protection and bring justice for the multitude of wronged families across the state.  I want to thank my colleagues for their support in voting for this overdue protection that our citizens have long been deprived.”

The bill outlines under which circumstances a wrongful suit may be filed. It also states that if some or all of the provisions of the measure are permanently or temporarily restrained by a court order, the remaining provisions will be enforced.

During his debate, Bullard cited that the Justice Foundation has found that up to 69 percent of abortions in the U.S. are performed without legal consent.  Their findings show that these mothers are persuaded to go through with abortions through illegal coercion including being lied to about the age or health of their babies or about the safety of the actual procedure.  Many mothers are drugged prior to actually agreeing to the procedure thinking they are only getting examined but wake up to realize the procedure is complete.

Last month, Bullard welcomed two victims of illegal coercion that led to the deaths of their unborn children and left one unable to have any more children.

According to the Centers for Disease Control and Prevention, more than 623,000 abortions were performed in 2016.  There were nearly 200 abortions for every 1,000 live births that year.

SB 1728, which passed 37-9, will now be sent to the House for further consideration.