Sec 12-719. Civil liability; wrongful birth or life claims; applicability


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  • A. A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.

    B. A person is not liable for damages in any civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.

    C. This section applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition.

    D. This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission, including an act or omission that violates a criminal law.