(a) Except as provided by Subsection (b), the father of the fetus or a parent of the mother of the fetus, if the mother is younger than 18 years of age at the time of the partial-birth abortion, may bring a civil action to obtain appropriate relief, including:
(1) money damages for physical injury, mental anguish, and emotional distress; and
(2) exemplary damages equal to three times the cost of the partial-birth abortion.
(b) A person may not bring or maintain an action under this section if:
(1) the person consented to the partial-birth abortion; or
(2) the person's criminally injurious conduct resulted in the pregnancy.