Senate passes ‘Unborn Person Wrongful Death Act’

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OKLAHOMA CITY (KFOR) – The Oklahoma State Senate today approved the Unborn Person Wrongful Death Act.

Senate Bill 1728, authored by Sen. David Bullard (R-Durant), 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.

“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 their 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. 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.”

Sen. David Bullard (R-Durant)

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 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. He said 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. He also alleged that 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.

However, The American Medical Association (AMA) and the American College of Obstetricians and Gynecologists (ACOG) affirm that providers have an ethical and legal duty to obtain voluntary and informed consent from patients.

Additionally, patients in Oklahoma must receive state-directed counseling, must undergo an ultrasound before obtaining an abortion and then must wait 72 hours before the procedure is provided.

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

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