Alaska Statutes
Alaska Stat. § 09.55.585 (2026)
Action for wrongful death of an unborn child; applicability
✓ current as of July 2026
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Sec. 09.55.585. Action for wrongful death of an unborn child; applicability.
Article 8. Removal of Disabilities of a Minor.
(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.
(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 AS 18.16.090;
(2) “unborn child” has the meaning given in AS 11.81.900.
(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.
(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 AS 18.16.090;
(2) “unborn child” has the meaning given in AS 11.81.900.
Notes of Decisions
Cited in 2
cases, 2016–2019 · leading case: Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016).
Castro v. Melchor, 366 P.3d 1058 (Haw. App. 2016). “Civ.Code Ann. art. 26 (Westlaw 2015); Mich.”
Marwan F. Saleh, M.D. v. Angie Damron (W. Va. 2019). “One commentator also has observed that twelve states have adopted legislation to allow a wrongful death action on behalf of a previable fetus: See Alaska Stat. §§09.55.585 , 11.81.900 (2015) (permitting a wrongful death cause of action for an “unborn child” and defining “unborn…”
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