In the case of the death of a human fetus or infant as the result of a partial - birth abortion, the father of the human fetus or infant and, if the mother has not attained the age of eighteen years at the time of the partial - birth abortion, the maternal grandparents of the human fetus or infant may file a civil action to obtain appropriate relief, unless the plaintiff consented to the partial - birth abortion or unless the plaintiff's criminal conduct caused the pregnancy. Source: SL 1997, ch 129 , § 3.