(a) A parent of an unborn child may maintain an action as plaintiff for the death of an unborn child that was caused by the wrongful act or omission of another.
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Terms Used In Alaska Statutes 09.55.585

  • action: includes any matter or proceeding in a court, civil or criminal. See Alaska Statutes 01.10.060
  • person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
  • Plaintiff: The person who files the complaint in a civil lawsuit.
(b) This section does not apply to acts or omissions that

(1) cause the death of an unborn child if those acts or omissions are committed during a legal abortion to which the pregnant woman or a person authorized by law to act on her behalf consents or for which consent is implied by law;
(2) are committed under usual and customary standards of medical practice during diagnostic testing, during therapeutic treatment, or while assisting a pregnancy; or
(3) are committed by a pregnant woman against herself and her unborn child.
(c) This section does not limit any other cause of action that a parent may maintain for the death of an unborn child.
(d) In this section,

(1) “abortion” has the meaning given in Alaska Stat. § 18.16.090;
(2) “unborn child” has the meaning given in Alaska Stat. § 11.81.900.
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