Ohio § 2919.199 Civil action for wrongful death of unborn child

Ohio Statutes

§ 2919.199 — Civil action for wrongful death of unborn child

Ohio § 2919.199

Title 29Crimes-Procedure

Ch. 2919Offenses Against the Family

This text of Ohio § 2919.199 (Civil action for wrongful death of unborn child) is published on Counsel Stack Legal Research, covering Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ohio Rev. Code Ann. § 2919.199 (2026).

Text

(A)A woman who meets either or both of the following criteria may file a civil action for the wrongful death of her unborn child:

(1)A woman on whom an abortion was performed or induced in violation of division (A) of section2919.193or division (A) of section2919.195of the Revised Code;

(2)A woman on whom an abortion was performed or induced who was not given the information described in divisions (A)(1) and (2) of section2919.194of the Revised Code or who did not sign a form described in division (A)(3) of section2919.194of the Revised code.

(B)A woman who prevails in an action filed under division (A) of this section shall receive both of the following from the person who committed the one or more acts described in division (A)(1) or (2) of this section:

(1)Damages in an amount

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(A) A woman who meets either or both of the following criteria may file a civil action for the wrongful death of her unborn child:

(1) A woman on whom an abortion was performed or induced in violation of division (A) of section2919.193or division (A) of section2919.195of the Revised Code;

(2) A woman on whom an abortion was performed or induced who was not given the information described in divisions (A)(1) and (2) of section2919.194of the Revised Code or who did not sign a form described in division (A)(3) of section2919.194of the Revised code.

(B) A woman who prevails in an action filed under division (A) of this section shall receive both of the following from the person who committed the one or more acts described in division (A)(1) or (2) of this section:

(1) Damages in an amount equal to ten thousand dollars or an amount determined by the trier of fact after consideration of the evidence at the mother's election at any time prior to final judgment subject to the same defenses and requirements of proof, except any requirement of live birth, as would apply to a suit for the wrongful death of a child who had been born alive;

(2) Court costs and reasonable attorney's fees.

(C) A determination by a court of record that division (A) of section2919.193of the Revised Code, division (A)(1), (2), or (3) of section2919.194of the Revised Code, or division (A) of section2919.195of the Revised Code is unconstitutional shall be a defense to an action filed under division (A) of this section alleging that the defendant violated the division that was determined to be unconstitutional.

(D) If the defendant in an action filed under division (A) of this section prevails and all of the following apply the court shall award reasonable attorney's fees to the defendant in accordance with section2323.51of the Revised Code:

(1) The court finds that the commencement of the action constitutes frivolous conduct, as defined in section2323.51of the Revised Code.

(2) The court's finding in division (D)(1) of this section is not based on that court or another court determining that division (A) of section2919.193of the Revised Code, division (A)(1), (2), or (3) of section2919.194of the Revised Code, or division (A) of section2919.195of the Revised Code is unconstitutional.

(3) The court finds that the defendant was adversely affected by the frivolous conduct.