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Ark. Code Ann. § 16-120-902

Wrongful birth claims — Wrongful life claims

Acts 2017, No. 385, § 1.

(1) 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.

(2) 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.

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

(4) 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

(5) 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.

Current official text: Arkansas General Assembly. Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Arkansas statutes; confirm against the official source for the current text. Not legal advice.