Civil liability

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  1. (a) The father, if married to the mother at the time she receives a partial-birth abortion procedure, and if the mother has not attained the age of eighteen (18) years at the time of the abortion, the maternal grandparents of the fetus, may obtain appropriate relief in a civil action unless the pregnancy resulted from the plaintiff's criminal conduct or the plaintiff consented to the abortion.

  2. (b) Relief under subsection (a) of this section shall include:

    1. (1) Money damages for all injuries, psychological and physical, occasioned by the violation of this section; and

    2. (2) Statutory damages equal to three (3) times the cost of the partial-birth abortion.

  3. (c) Damages shall not be assessed against the female upon whom a partial-birth abortion is performed.


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