§ 20-16-1110 — Civil remedies

(a) An action seeking actual and punitive damages may be brought against a person who performed an abortion in knowing or reckless violation of this subchapter by: (1) Any person upon whom the abortion was performed; (2) The father of the unborn child who was the subject of the abortion; or (3) A grandparent of the unborn child who was the subject of the abortion. (b) Any female upon whom an abortion has been attempted in violation of this subchapter may bring an action for actual and punitive damages against a person who attempted to perform the abortion in knowing or reckless violation of this subchapter. (c) (1) If the Department of Health fails to issue the public report required under § 20-16-1108 , any group of ten (10) or more citizens of this state may seek an injunction in a court of competent jurisdiction against the Secretary of the Department of Health requiring that a complete report be issued within a period established by the court. (2) Failure of the secretary to obey an injunction issued under subdivision (c)(1) of this section is punishable as civil contempt. (d) (1) If judgment is rendered in favor of the plaintiff in any action described in this section, the court shall assess a reasonable attorney's fee in favor of the plaintiff against the defendant. (2) If judgment is rendered in favor of the defendant and if the court finds that the plaintiff's suit was frivolous and brought in bad faith, the court shall assess a reasonable attorney's fee in favor of the defendant against the plaintiff.

Legislative History

Amended by Act 2019, No. 910,§ 5012, eff. 7/1/2019. Acts 2005, No. 1696, § 1.