Title 51, Chapter 4, Section 2
(a) The surviving spouse or, if there is no surviving spouse, a
child or children, either minor or sui juris, may recover for the
homicide of the spouse or parent the full value of the life of the
decedent, as shown by the evidence.
(b)(1) If an action for wrongful death is brought by a surviving
spouse under subsection (a) of this Code section and the surviving
spouse dies pending the action, the action shall survive to the
child or children of the decedent.
(2) If an action for wrongful death is brought by a child or
children under subsection (a) of this Code section and one of the
children dies pending the action, the action shall survive to the
surviving child or children.
(c) The surviving spouse may release the alleged wrongdoer without
the concurrence of the child or children or any representative
thereof and without any order of court, provided that such spouse
shall hold the consideration for such release subject to subsection
(d) of this Code section.
(d)(1) Any amount recovered under subsection (a) of this Code
section shall be equally divided, share and share alike, among the
surviving spouse and the children per capita, and the descendants
of children shall take per stirpes, provided that any such
recovery to which a minor child is entitled and which equals less
than $15,000.00 shall be held by the natural guardian of the
child, who shall hold and use such money for the benefit of the
child and shall be accountable for same; and any such recovery to
which a minor child is entitled and which equals $15,000.00 or
more shall be held by a guardian of the property of such child.
(2) Notwithstanding paragraph (1) of this subsection, the
surviving spouse shall receive no less than one-third of such
recovery as such spouse's share.
(e) No recovery had under subsection (a) of this Code section shall
be subject to any debt or liability of the decedent.
(f) In actions for recovery under this Code section, the fact that a
child has been born out of wedlock shall be no bar to recovery.