{"data":{"id":"us-ky/krs-311.7709","jurisdiction":"us-ky","citation":"KRS 311.7709","heading":"Civil action for wrongful death of unborn child -- Damages,  costs,","body":"fees -- Defense.\n(1) A woman  on whom  an abortion was performed or induced in violation of KRS\n311.7705(1) or 311.7706(1) may file a civil action for the wrongful death of her\nunborn child.\n(2) A  woman  who prevails in an action filed under subsection (1) of this section\nshall receive from the person who performed or induced the abortion:\n(a) Damages  in an amount equal to ten thousand dollars ($10,000) or an\namount  determined by the trier of fact after consideration of the evidence\nat the mother's election at any time prior to final judgment subject to the\nsame  defenses and requirements of proof, except any requirement of live\nbirth, as would apply to a suit for the wrongful death of a child who had\nbeen born alive; and\n(b) Court costs and reasonable attorney's fees.\n(3) A determination that KRS  311.7705(1) or 311.7706(1) is unconstitutional shall\nbe a defense to an action filed under subsection (1) of this section alleging that\nthe  defendant  violated the  subsection that was  determined  to  be\nunconstitutional.\n(4) If the defendant in an action filed under subsection (1) of this section prevails\nand:\n(a) The court finds that the commencement  of the action constitutes frivolous\nconduct;\n(b) The court's finding in paragraph (a) of this subsection is not based on that\ncourt or another court determining that KRS  311.7705(1) or 311.7706(1)\nis unconstitutional; and\n(c) The court finds that the defendant was adversely affected by the frivolous\nconduct;\nthe court shall award reasonable attorney's fees to the defendant.","path":["KRS Chapter 311"],"source_url":"https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=48506","current_through":"Includes enactments through the 2026 Regular Session","vintage":"09/05/2026","retrieved_at":"2026-09-05T20:58:06Z","sha256":"ad5ada972968ef9ea8158bf91019d0c4cd7e79a507082a9064c3991290357cf4","source_id":"us-ky","stale":false,"prev":"us-ky/krs-311.7708","next":"us-ky/krs-311.7710"},"notice":"GroundRules: Original legal text. Not legal advice."}