§ 16-120-902. Wrongful birth claims -- Wrongful life claims

AR Code § 16-120-902 (2018) (N/A)
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(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born.

(b) A person is not liable for damages in a 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:

(1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition;

(2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and

(3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.