A New Mexico court has recognized the estate of a 26-week unborn child in a wrongful-death lawsuit arising from an abortion, resulting in a $200,000 settlement.
The case, Wabbington v. Boyd, involved an abortion performed in 2020. The lawsuit alleged that the mother was under the influence of methamphetamine when she consented to the procedure and therefore lacked the capacity to provide informed consent.
The lawsuit was brought by the mother and the child's estate, represented by a court-appointed personal representative. The court determined that the unborn child qualified as a “person” under New Mexico's Wrongful Death Act.
The defendants ultimately settled the case for $200,000. The case was dismissed with prejudice on September 14.
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