KRS 311.7709: Civil action for wrongful death of unborn child -- Damages, costs,

fees -- Defense.

(1) A woman on whom an abortion was performed or induced in violation of KRS

311.7705(1) or 311.7706(1) may file a civil action for the wrongful death of her

unborn child.

(2) A woman who prevails in an action filed under subsection (1) of this section

shall receive from the person who performed or induced the abortion:

(a) Damages in an amount equal to ten thousand dollars ($10,000) 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; and

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

(3) A determination that KRS 311.7705(1) or 311.7706(1) is unconstitutional shall

be a defense to an action filed under subsection (1) of this section alleging that

the defendant violated the subsection that was determined to be

unconstitutional.

(4) If the defendant in an action filed under subsection (1) of this section prevails

and:

(a) The court finds that the commencement of the action constitutes frivolous

conduct;

(b) The court's finding in paragraph (a) of this subsection is not based on that

court or another court determining that KRS 311.7705(1) or 311.7706(1)

is unconstitutional; and

(c) The court finds that the defendant was adversely affected by the frivolous

conduct;

the court shall award reasonable attorney's fees to the defendant.