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16-120-902. Wrongful birth claims — Wrongful life claims.
Arkansas Code — all titles (historical 2020) · legal_authorities
16-120-902. Wrongful birth claims — Wrongful life claims.
(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.
Source: Arkansas Code — historical release 78 (November 6, 2020) · 16-120-902
Stored review status: Historical 2020-11-06 source release; later amendments not reconciled; machine-extracted, not independently legally reviewed; source heading status: text_in_historical_source. A text match is a research starting point; applicability is not established.
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Record provenance
Stable record: arkansas_code:legal_authorities:16-120-902
Source file: gov.ar.code.title.16.odt
Pages: Not recorded – Not recorded
Passage SHA-256: bce1ef55d65ca15a798065f47a9b2fbc3ddb2978009582f705a819d245b4486d
Source location: content.xml paragraph 49191
Stored source content
16-120-902. Wrongful birth claims — Wrongful life claims.
(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.
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