IC 34-23-2
    Chapter 2. Wrongful Death or Injury of a Child

IC 34-23-2-1
Injury or death of child; action by parent or guardian
    Sec. 1. (a) This section does not apply to an abortion performedin compliance with:
        (1) IC 16-34; or
        (2) IC 35-1-58.5 (before its repeal).
    (b) As used in this section, "child" means an unmarried individualwithout dependents who is:
        (1) less than twenty (20) years of age; or
        (2) less than twenty-three (23) years of age and is enrolled in apostsecondary educational institution or a career and technicaleducation school or program that is not a postsecondaryeducational program.
The term includes a fetus that has attained viability (as defined inIC 16-18-2-365).
    (c) An action may be maintained under this section against theperson whose wrongful act or omission caused the injury or death ofa child. The action may be maintained by:
        (1) the father and mother jointly, or either of them by namingthe other parent as a codefendant to answer as to his or herinterest;
        (2) in case of divorce or dissolution of marriage, the person towhom custody of the child was awarded; and
        (3) a guardian, for the injury or death of a protected person.
    (d) In case of death of the person to whom custody of a child wasawarded, a personal representative shall be appointed to maintain theaction for the injury or death of the child.
    (e) In an action brought by a guardian for an injury to a protectedperson, the damages inure to the benefit of the protected person.
    (f) In an action to recover for the death of a child, the plaintiffmay recover damages:
        (1) for the loss of the child's services;
        (2) for the loss of the child's love and companionship; and
        (3) to pay the expenses of:
            (A) health care and hospitalization necessitated by thewrongful act or omission that caused the child's death;
            (B) the child's funeral and burial;
            (C) the reasonable expense of psychiatric and psychologicalcounseling incurred by a surviving parent or minor sibling ofthe child that is required because of the death of the child;
            (D) uninsured debts of the child, including debts for whicha parent is obligated on behalf of the child; and
            (E) the administration of the child's estate, includingreasonable attorney's fees.
    (g) Damages may be awarded under this section only with respectto the period of time from the death of the child until:
        (1) the date that the child would have reached:            (A) twenty (20) years of age; or
            (B) twenty-three (23) years of age, if the child was enrolledin a postsecondary educational institution or in a career andtechnical education school or program that is not apostsecondary educational program; or
        (2) the date of the child's last surviving parent's death;
whichever first occurs.
    (h) Damages may be awarded under subsection (f)(2) only withrespect to the period of time from the death of the child until the dateof the child's last surviving parent's death.
    (i) Damages awarded under subsection (f)(1), (f)(2), (f)(3)(C), and(f)(3)(D) inure to the benefit of:
        (1) the father and mother jointly if both parents had custody ofthe child;
        (2) the custodial parent, or custodial grandparent, and thenoncustodial parent of the deceased child as apportioned by thecourt according to their respective losses; or
        (3) a custodial grandparent of the child if the child was notsurvived by a parent entitled to benefit under this section.
However, a parent or grandparent who abandoned a deceased childwhile the child was alive is not entitled to any recovery under thischapter.
    (j) This section does not affect or supersede any other right,remedy, or defense provided by any other law.
As added by P.L.1-1998, SEC.18. Amended by P.L.2-2007, SEC.373;P.L.234-2007, SEC.169; P.L.3-2008, SEC.242; P.L.129-2009,SEC.8.