Illinois Compiled Statutes

740 ILCS 180/2.2 (2026)

The state of gestation or development of a human being when an injury is caused, when an injury takes effect, or at death, shall not foreclose maintenance of any cause of action under the law of this State arising from the death of a human being caused by wrongful act, neglect or default

✓ current as of May 2026

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(740 ILCS 180/2.2) (from Ch. 70, par. 2.2)

Sec. 2.2.

The state of gestation or development of a human being when
an injury is caused, when an injury takes effect, or at death, shall not
foreclose maintenance of any cause of action under the law of this State
arising from the death of a human being caused by wrongful act, neglect or default.

There shall be no cause of action against a health care professional, a medical institution, or the pregnant person 
for the wrongful death of a fetus caused by an abortion where the abortion
was permitted by law and the requisite consent was lawfully given.  Provided,
however, that a cause of action is not prohibited where the fetus is live-born
but subsequently dies.

There shall be no cause of action against a physician or a medical institution
for the wrongful death of a fetus based on the alleged misconduct of the
physician or medical institution where the defendant did not know and, under
the applicable standard of good medical care, had no medical reason to know
of the pregnancy of the mother of the fetus.

(Source: P.A. 102-1117, eff. 1-13-23.)

Notes of Decisions

Cited in 14 cases (3 in the last 5 years), 2000–2022 · leading case: Thomas v. Khoury, 2021 IL 126074 (Ill. 2021).

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Thomas v. Khoury, 2021 IL 126074 (Ill. 2021). · cites it 6× “2 of the Wrongful Death Act, 740 ILCS 180/2.2, bars a cause of action against a defendant for fetal death if the defendant knew or had a medical reason to know of the pregnancy and the alleged malpractice resulted in a non-viable fetus that died as a result of a lawful abortion…”

Williams v. Manchester, 864 N.E.2d 963 (Ill. App. Ct. 2007). · cites it 6× “" 740 ILCS 180/2.2 (West 2002). The court went on to conclude that the plain language of section 2.”

Miller v. Am. Infertility Grp., 897 N.E.2d 837 (Ill. App. Ct. 2008). · cites it 4× “” 740 ILCS 180/2.2 (West 2006). Initially, the circuit court granted defendant’s motion and dismissed plaintiffs’ wrongful death claims.”

Mercado v. Mount Sinai Hosp. Med. Ctr., 889 N.E.2d 730 (Ill. App. Ct. 2008). · cites it 4× “2 of the Wrongful Death Act (Act), 740 ILCS 180/2.2 [(West 2004)], and bars a wrongful death claim where defendants are alleged to have misdiagnosed her pregnancy as ectopic rather than uterine.”

Crosby v. Glasscock Trucking Co., Inc., 532 S.E.2d 856 (S.C. 2000). “740 ILCS 180/2.2 (Smith-Hurd 1993). 10 . Mo.”

In Re Marriage of Skelton, 815 N.E.2d 1176 (Ill. App. Ct. 2004). “2 (West 2002)) and wrongful-death actions (740 ILCS 180/2.2 (West 2002)), those situations are statutory in nature.”

Herndon v. Kaminski, 2022 IL App (2d) 210297 (Ill. App. Ct. 2022). “See 740 ILCS 180/2.2 (West 2018). Under the - 10 - 2022 IL App (2d) 210297 Wrongful Death Act, a plaintiff may recover for the “loss of society” of an unborn fetus.”

Thomas v. Khoury, 2020 IL App (1st) 191052 (Ill. App. Ct. 2021). · cites it 2× “2 of the Wrongful Death Act (740 ILCS 180/2.2 (West 2018)), and certified this question: “Whether section 2.”

Doe v. Planned parenthood/chicago Area, 956 N.E.2d 564 (Ill. App. Ct. 2011). · cites it 2× “2 of the Wrongful Death Act (740 ILCS 180/2.2 (West 2008)) barred the wrongful death count.”

Miller v. Am. Infertility Grp. of Illinois, S. C. (Ill. App. Ct. 2008). · cites it 4× “" 740 ILCS 180/2.2 (West 2006). Initially, the circuit court granted defendant's motion and dismissed plaintiffs' wrongful death claims.”

Williams v. Manchester (Ill. App. Ct. 2007). · cites it 3× “See 740 ILCS 180/2.2 (West 2002) ("The state of gestation or development of a human being when an injury is caused, when an injury takes effect, or at death, shall not foreclose maintenance of any cause of action under the law of this State arising from the death of a human…”

Mercado v. Mount Sinai Hosp. Med. Ctr. of Chicago (Ill. App. Ct. 2008). · cites it 3× “2 of the Wrongful Death Act (Act), 740 ILCS 180/2.2 [(West 2004)], and bars a wrongful death claim where defendants are alleged to have misdiagnosed her pregnancy as ectopic rather than uterine.”

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