65-6745. Civil action for violation of act. (a) A cause of action for civil damages against a person who has performed a dismemberment abortion in violation of K.S.A. 65-6743, and amendments thereto, may be maintained by the following persons, unless, in a case where the plaintiff is not the woman upon whom the abortion was performed, the pregnancy resulted from the plaintiff's criminal conduct:
(1) A woman upon whom a dismemberment abortion has been performed in violation of K.S.A. 65-6743, and amendments thereto;
(2) the father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(3) the parents or custodial guardians of the woman, if the woman has not attained the age of 18 years at the time of the abortion or has died as a result of the abortion.
(b) Damages awarded in such an action shall include:
(1) Money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion;
(2) statutory damages equal to three times the cost of the dismemberment abortion;
(3) injunctive relief; and
(4) reasonable attorney fees awarded in accordance with subsection (d).
(d) (1) If judgment is rendered in favor of the plaintiff in an action brought under K.S.A. 65-6744, and amendments thereto, or this section, the court shall award reasonable attorney fees to the plaintiff in addition to any other relief that is awarded.
(2) If judgment is rendered in favor of the defendant in an action brought under K.S.A. 65-6744, and amendments thereto, or this section, and the court finds that the plaintiff's action was frivolous and brought in bad faith, the court shall award reasonable attorney fees to the defendant in addition to any other relief that is awarded.
(3) No attorney fees shall be assessed against the woman upon whom a dismemberment abortion was performed or attempted to be performed except in accordance with paragraph (2).
History: L. 2015, ch. 22, ยง 5; July 1.
Structure Kansas Statutes
65-6704 Abortion upon minor; required information and counseling.
65-6707 Same; severability clause.
65-6708 Woman's-right-to-know act; citation.
65-6711 Same; information where medical emergency compels performances of an abortion.
65-6714 Same; severability clause.
65-6722 Abortion of pain-capable unborn child; legislative findings.
65-6725 Same; construction of act.
65-6726 Abortion based on gender; prohibited.
65-6731 Prohibition on certain funding for abortions; definitions.
65-6732 Legislative declaration that life begins at fertilization.
65-6733 Prohibition on certain funding for abortion.
65-6734 Same; school districts.
65-6735 Same; construction of act.
65-6736 Same; no requirement to provide or right to an abortion.
65-6737 Same; discrimination prohibited.
65-6738 Same; applicability of act.
65-6741 Kansas unborn child protection from dismemberment abortion act; citation of act.
65-6743 Dismemberment abortion prohibited; exceptions.
65-6744 Cause of action for injunctive relief.
65-6745 Civil action for violation of act.
65-6746 Criminal penalties for violation of act.
65-6747 Legal proceedings; public disclosure of name of woman, orders against such disclosure.
65-6750 Effect of injunction or other judicial order on provisions of article 67.