28-347.02. Dismemberment abortion; damages; cause of action; who may maintain.
(1) A cause of action for civil damages against a person who performed a dismemberment abortion in violation of section 28-347 may be maintained by:
(a) Any woman upon whom a dismemberment abortion has been performed in violation of section 28-347;
(b) The father of the unborn child, if married to the woman at the time the dismemberment abortion was performed; or
(c) If the woman had not attained the age of nineteen years at the time of the dismemberment abortion or has died as a result of the abortion, the maternal grandparents of the unborn child.
(2) No damages may be awarded a plaintiff if the pregnancy resulted from the plaintiff's criminal conduct.
(3) Damages awarded in such an action shall include money damages for all injuries, psychological and physical, occasioned by the dismemberment abortion.
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