Constitutional Considerations Underlie Missouri's Expansion of Fetal Rights within Its Wrongful Death Statute

Authors

Elizabeth S. Brown

Abstract

When Missouri courts determine the existence of a cause of action under the wrongful death statute they have considered it necessary to address whether a fetus is a "person" within the statute. In Connor v. Monkem, Missouri extended its recognition of the rights of a fetus within its wrongful death statute beyond its previous decisions and those noted in other jurisdictions. Missouri’s decision differs distinctively from the law’s traditional view of the fetus as a part of the woman, therefore devoid of rights as a separate entity.

Recommended Citation

Elizabeth S. Brown, Constitutional Considerations Underlie Missouri's Expansion of Fetal Rights within Its Wrongful Death Statute, 61 Mo. L. Rev. (1996)
Available at: https://scholarship.law.missouri.edu/mlr/vol61/iss2/5