South Dakota Codified Laws § 21-5-1 Liability for the Wrongful Death of an Unborn Child

South Dakota Codified Laws § 21-5-1, liability for wrongful death where damages for injury could have been recovered–unborn child, allows a mother or married parents to recover damages for the wrongful death or injury of their unborn child caused by a wrongful act, neglect, or default that would have given rise to liability if the child had survived. The statute expressly recognizes the right to pursue damages for the death of an unborn child when the underlying conduct amounts to at least a felony. This action is intended to benefit the mother or the married parents of the unborn child.