Flickinger Sutterfield & Boulton

Utah Supreme Court Rules Late Term Unborn Fetus Has Wrongful Death

January 28, 2015 — by Mark T. Flickinger, JD

Flickinger Sutterfield Boulton is pleased to announce a significant decision recently issued by the Utah Supreme Court that protects the rights of late-term unborn children. According to the state's high court, Utah code allows wrongful death actions to protect minor children and extends this protection to an unborn child. Though the statute does not specifically define minor child, the justices have interpreted this to include an unborn child or fetus. Chief Justice Christine Durham said statute would allow for a wrongful death action as soon as the child is conceived, as reported by Deseret News. The Utah Supreme Court's ruling is consistent with 37 other states that have similar protections for unborn fetuses. The court's decision will have a great impact throughout the state. In the ruling, the court discussed the reasons behind the decision. As maintained by Justice Lee who wrote one of the high court's opinions: If 'minor child' did not extend

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