Prenatal Wrongful Death

2025-2026 Bill 713: Prenatal Wrongful Death - South Carolina Legislature Online

South Carolina General Assembly
126th Session, 2025-2026
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S. 713
STATUS INFORMATION
General Bill
Sponsors: Senator Kimbrell
Companion/Similar bill(s): 4715
Document Path: SR-0419KM26.docx
Introduced in the Senate on January 13, 2026
Currently residing in the Senate Committee on
Judiciary
Summary: Prenatal Wrongful Death
HISTORY OF LEGISLATIVE ACTIONS

Date

Body

Action Description with journal page number

12/10/2025

Senate

Prefiled

12/10/2025

Senate

Referred to Committee on
Judiciary

1/13/2026

Senate

Introduced and read first time (
Senate Journal-page 27
)

1/13/2026

Senate

Referred to Committee on
Judiciary
(
Senate Journal-page 27
)

View the latest
legislative information
at the website
VERSIONS OF THIS BILL
12/10/2025

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING
SECTION
15-51-10
, RELATING TO CIVIL ACTIONS FOR A WRONGFUL ACT CAUSING DEATH,
SO AS TO PROVIDE THAT A WRONGFUL DEATH ACTION CAN BE MAINTAINED FOR AN UNBORN
CHILD AT ANY STAGE OF DEVELOPMENT AND TO PROVIDE THAT A VIOLATION OF ARTICLE 6,
CHAPTER 41, TITLE 44 IS PRIMA FACIE EVIDENCE ENTITLING A PARENT TO MAINTAIN A
WRONGFUL DEATH ACTION ON BEHALF OF THEIR DECEASED UNBORN CHILD; BY AMENDING
SECTION
15-51-20
, RELATING TO THE BENEFICIARIES OF ACTION FOR WRONGFUL DEATH
AND WHO MAY BRING AN ACTION, SO AS TO PROVIDE THAT THE MOTHER, FATHER, OR BOTH
THE MOTHER AND FATHER MAY BRING A WRONGFUL DEATH ACTION FOR A DECEASED UNBORN
CHILD AND THE FATHER AND MOTHER SHALL BE THE ONLY BENEFICIARIES; AND BY
AMENDING SECTION
15-51-42
, RELATING TO THE APPROVAL OF SETTLEMENTS OF WRONGFUL
DEATH OR SURVIVAL ACTIONS, SO AS TO PROVIDE THAT THE PARENT INITIATING THE
WRONGFUL DEATH ACTION IS AUTHORIZED TO SETTLE THE ACTION.

B
e it enacted by the
General Assembly of the State of South Carolina:

S
ECTION 1.
S
ection
15-51-10
of the S.C. Code is amended to read:

S
ection
15-51-10
.
(
A)
Whenever the death of a person
,
including an unborn child at any stage of development,
shall be caused
by the wrongful act, neglect or default of another and the act, neglect or
default is such as would, if death had not ensued, have entitled the party
injured to maintain an action and recover damages in respect thereof, the
person who would have been liable, if death had not ensued, shall be liable to
an action for damages, notwithstanding the death of the person injured,
although the death shall have been caused under such circumstances as make the
killing in law a felony. In the event of the death of the wrongdoer, such
cause of action shall survive against his personal representative.

(
B) An abortion performed or induced in
violation of Article 6, Chapter 41, Title 44 is prima facie evidence entitling
a parent to initiate an action pursuant to subsection (A).

S
ECTION 2.
S
ection
15-51-20
of the S.C. Code is amended to read:

S
ection
15-51-20
.
(
A)
Every such action shall be for the benefit of the wife
or husband and child or children of the person whose death shall have been so
caused, and, if there be no such wife, husband, child or children, then for the
benefit of the parent or parents, and if there be none such, then for the
benefit of the heirs of the person whose death shall have been so caused.
Every such action shall be brought by or in the name of the executor or
administrator of such person.

(
B) Notwithstanding the provisions
contained in subsection (A), every such action shall be for the benefit of the
mother or father of an unborn child at any stage of development whose death
shall have been so caused. Every such action shall be brought on behalf of the
unborn child by his mother, father, or both the mother and father.

S
ECTION 3.
S
ection
15-51-42
of the S.C. Code is amended to read:

S
ection
15-51-42
.
(
A) Only a duly appointed
personal representative, as defined in Section
62-1-201
(30), shall have the
authority to settle wrongful death or survival actions.
In
the case of an action for the wrongful death of an unborn child, the parent
initiating the action has the authority to settle.

(
B)
(
1)
If no action is pending,
then
the
personal representative
, or a parent in the case of an
action for the wrongful death of an unborn child at any stage of development,

shall petition either the probate or the circuit court of this State seeking
approval of a proposed settlement. The petition must be verified by the
personal representative
, or parent in the case of an
action for the wrongful death of an unborn child at any stage of development,

and shall set forth, in terms satisfactory to the court in which the petition
is filed, the basic facts surrounding the death of the decedent, the pertinent
facts surrounding the liability of the alleged wrongdoer, the amount of
insurance available to pay for damages, the terms of the proposed settlement,
the statutory beneficiaries of the wrongful death or survival action, the heirs
at law or appropriate devisees of the estate, the appropriate creditors, the
amount of their claims, and, if the personal representative
, or parent in the case of an action for the wrongful death of
an unborn child at any stage of development,
has retained legal counsel,

then
the terms and provisions of the agreement with
respect to attorney's fees and costs.

(
2)
It is not necessary that a
personal representative
, or parent in the case of an
action for the wrongful death of an unborn child at any stage of development,

be represented by legal counsel for the court to consider the petition and
approve the settlement. If the personal representative
or
parent
is represented by legal counsel,
then
the
counsel shall sign a certificate attesting to the fact that he is of the
opinion that the settlement is fair and reasonable and in the best interests of
the statutory beneficiaries and, in a survival action, the estate of the
decedent.

(
3)
The court shall schedule a
hearing and receive into evidence those facts that the court considers
necessary and proper to evaluate the settlement. After conducting this
inquiry, the court shall issue its order either approving or disapproving the
proposed settlement. If the settlement is approved by the court,
then
the personal representative
,
or parent in the case of an action for the wrongful death of an unborn child at
any stage of development,
has the power to conclude the settlement,
including the execution of those documents as the settlement terms contemplate.

(
C)
If a wrongful death or survival action has been filed in state court and:

(
1)
the settlement agreement between the parties is reached before the matters
reach trial,
then
the personal representative
, or parent in the case of an action for the wrongful death of
an unborn child at any stage of development,
shall petition the court in
which the wrongful death or survival action has been filed and follow the
procedure for settlement as provided in (B)
above
;

(
2)
the settlement agreement is reached during the trial, or after trial but before
notice of appeal is filed, of either the wrongful death or survival action,
then no petition is necessary, and the court shall conduct a hearing, at which
the parties may present to the court the pertinent facts and information,
including that information required in subsection (B)

above
, which the court may require in order to consider whether to
approve or disapprove the settlement. If the court finds the settlement is fair
and reasonable and in the best interests of the statutory beneficiaries and, in
a survival action, the estate of the decedent, then the court shall issue its
order approving the settlement;

(
3)
the settlement agreement is reached after notice of appeal is filed,
then
the personal representative
, or
parent in the case of an action for the wrongful death of an unborn child at
any stage of development,
shall petition the appellate court before
which the matter is pending to remand the case to the circuit court for
consideration of the settlement agreement in accordance with the procedure
outlined in
subitem
(2)
above
.

(
D)
For any actions pending in the federal courts, the same procedure may be
followed, but the federal court, at its discretion, may issue an order
transferring the case to state court for consideration of the proposed
settlement.

(
E)
Once a settlement agreement has been approved by an appropriate court, the
person paying the settlement proceeds and all those on whose behalf the payment
is made and any other persons who could be responsible because of the actions
on whose behalf the settlement proceeds are being paid, are relieved and
discharged from further liability and shall have no obligation or legal duty to
see to the appropriate or proper distribution of the settlement proceeds among
either the wrongful-death beneficiaries or those entitled to the proceeds of
the settlement of the survival action. Once payment has been made to the
personal representative
, or parent in the case of an
action for the wrongful death of an unborn child at any stage of development
,
the obligations of the person making the payment and those on whose behalf the
payment is being made, and all those who could be responsible for the actions
of these persons, are fully and completely released and finally and forever
discharged from any further responsibility in connection with the action or
actions.

(
F)
Any person bringing a wrongful death or survival action in a court other than
the probate court must notify the probate court of this action within ten days
after the filing of the action. The provisions of this subsection apply to
wrongful death or survival actions filed after the effective date of this
section.

(
G)
When the administration of an estate is final except for the administration of
survival action proceeds because of the pendency of a survival action brought
on behalf of the estate, the probate court may issue, upon petition by the
personal representative, a special order providing that no accountings are
required until the survival action is settled or verdict rendered in a trial.
The attorney for the personal representative must notify the probate court
immediately upon completion of the survival action and furnish the court with a
copy of the order approving settlement or a copy of the judgment, whichever is
appropriate.

S
ECTION 4. This act takes effect upon approval
by the Governor.

----XX----

This web page was last updated on December 10, 2025 at 2:20 PM