Illinois General Assembly - Illinois Compiled Statutes

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740 ILCS 180/2.2

(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.)