Iowa House Bill HF106

Iowa 2025-2026 Regular Session

• Introduced: 1/22/25
• Refer: 1/22/25

Caption

A bill for an act relating to the survival of, and the bringing of a cause of action for, wrongful death of an unborn child.

Impact

If enacted, HF106 would result in substantial changes to the Iowa Code, particularly Section 611.20, which governs the survivability of legal actions following death. By explicitly including unborn children within the definition of a 'person', this bill allows parents to seek legal recourse in situations where a wrongful death claim arises from the death of an unborn child. This move may pave the way for increased litigation in cases involving miscarriages or stillbirths where negligence is alleged, thus creating a potential increase in the number of wrongful death claims filed in Iowa courts.

Summary

House File 106 (HF106) seeks to amend existing Iowa law regarding the survival of actions concerning the wrongful death of an unborn child. The bill explicitly states that the definition of 'person' includes an unborn child, thereby allowing for the survival of and the initiation of legal actions for wrongful death claims specifically related to the death of an unborn child. This legislation is particularly significant as it addresses the rights of unborn individuals in the context of wrongful death claims, aiming to provide a legal framework for such cases.

Contention

Debate surrounding HF106 may center on the ethical and legal implications of recognizing unborn children as persons with the right to seek redress under wrongful death claims. Proponents argue that the bill is a necessary step in recognizing the rights of unborn children and ensuring justice for families who suffer the loss of a child before birth. However, critics might raise concerns about the implications for reproductive rights, as such legislation could potentially influence legal interpretations surrounding abortion and women's rights within the state. The defining language and legal terms used in this bill could also become focal points in broader discussions about fetal rights and maternal health.