The issue of the wrongful death of an unborn fetus is hotly contested and the answer to whether it is an actionable lawsuit varies from state to state. Many states require a child to be born alive for a wrongful death lawsuit to take place. In these states, the death of an unborn fetus is usually not actionable nor is the emotional suffering of the parents. A wrongful death attorney should be consulted to understand the nuances of your state’s laws concerning the wrongful death of an unborn fetus.