2307.52 Civil action for damages for terminating or attempting termination of pregnancy after viability.
2307.52 Civil action for damages for terminating or attempting termination of pregnancy after viability.
(A) As used in this section:
(1) “Frivolous conduct” has the same meaning as in section 2323.51 of the Revised Code.
(2) “Viable” has the same meaning as in section 2919.16 of the Revised Code.
(B)(1) A woman upon whom an abortion is purposely performed or induced or attempted to be performed or induced in violation of division (A) of section 2919.17 of the Revised Code has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and court costs and reasonable attorney’s fees against the person who purposely performed or induced or attempted to perform or induce the abortion in violation of division (A) of section 2919.17 of the Revised Code.
(2) A woman upon whom an abortion is purposely performed or induced or attempted to be performed or induced in violation of division (B) of section 2919.17 of the Revised Code has and may commence a civil action for compensatory damages, punitive or exemplary damages if authorized by section 2315.21 of the Revised Code, and court costs and reasonable attorney’s fees against the person who purposely performed or induced or attempted to perform or induce the abortion in violation of division (B) of section 2919.17 of the Revised Code.
(C) If a judgment is rendered in favor of the defendant in a civil action commenced pursuant to division (B)(1) or (2) of this section and the court finds, upon the filing of a motion under section 2323.51 of the Revised Code, that the commencement of the civil action constitutes frivolous conduct and that the defendant was adversely affected by the frivolous conduct, the court shall award in accordance with section 2323.51 of the Revised Code reasonable attorney’s fees to the defendant.
Effective Date: 11-15-1995