§ 50-20-605 — Civil Remedies

50-20-605 . Civil remedies. (1) A woman on whom an abortion has been performed or attempted in violation of 50-20-603 or the father of the unborn child who was the subject of the abortion may maintain an action against the person who performed or attempted the abortion in a purposeful or knowing violation of 50-20-603 for actual and punitive damages.
(2) (a) A cause of action for injunctive relief against a person who has purposely or knowingly violated 50-20-603 may be maintained by:
(i) the woman on whom an abortion was performed or attempted or, if the woman is a minor, the woman's parent or guardian;
(ii) a person who is the spouse of the woman on whom an abortion has been performed or attempted;
(iii) a prosecuting attorney with appropriate jurisdiction; or
(iv) the attorney general.
(b) The injunction must prevent the person from performing or attempting additional abortions in violation of 50-20-603 in this state.
(3) If judgment is rendered in favor of the plaintiff in an action described in this section, the court shall order the defendant to pay reasonable attorney fees to the plaintiff.
(4) If judgment is rendered in favor of the defendant and the court finds that the plaintiff's lawsuit was frivolous and brought in bad faith, the court shall order the plaintiff to pay reasonable attorney fees to the defendant.
(5) Damages or attorney fees may not be assessed against the woman on whom an abortion was performed or attempted except in accordance with subsection (4).

Legislative History

En. Sec. 5, Ch. 307, L. 2021.