On Friday, the Iowa Supreme Court ruled a child not yet born at the time of a parent’s death can still be awarded damages for wrongful loss of parental companionship.
“[A] child conceived but not yet born at the time of [her] parent’s death can bring a parental consortium claim” after she is born, the court wrote in its decision. “Whatever deprivation of consortium O.D.G. is currently experiencing is no less real just because she did not experience it in utero.”
“The case is not huge and not unprecedented,” Forsythe told me. “But it does confirm that the unborn child is a human being in the womb.”
Photo Credit - Associated Press/Photo by Charlie Neibergall