Sec. 10. (a) The following may bring an action for the recovery of damages against a person who has performed a dismemberment abortion in violation of section 1(c) of this chapter:
(1) A woman upon whom a dismemberment abortion has been performed.
(2) The father of the unborn child.
(3) If a female was less than eighteen (18) years of age at the time of the dismemberment abortion or if she has died as a result of the abortion, the maternal grandparents of the unborn child on whose mother a dismemberment abortion was performed.
(b) No damages may be awarded to a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(c) Damages awarded under this section shall include:
(1) damages for all injuries, including psychological and physical injuries, caused by the dismemberment abortion; and
(2) damages equal to three (3) times the cost of the dismemberment abortion.
As added by P.L.93-2019, SEC.8.
Structure Indiana Code
Chapter 2. Requirements for Performance of Abortion; Criminal Penalties
16-34-2-0.5. Medical Emergency
16-34-2-1. Required Circumstances of Legal Abortion
16-34-2-1-b. Required Circumstances of Legal Abortion
16-34-2-1.2. Physician's Duty to Inform Women in Medical Emergency of Necessity for Abortion
16-34-2-1.5. Informed Consent Brochure; Requirements
16-34-2-4.7. "Abortion Complication"
16-34-2-5.1. Documentation of Signatures and Credentials of Physicians and Other Providers
16-34-2-7. Performance of Unlawful Abortion; Offense
16-34-2-7-b. Performance of Unlawful Abortion; Offense
16-34-2-12. Identity of a Woman Upon Whom a Dismemberment Abortion Has Been Performed