Signed by Governor Sam Brownback

Vote Smart's Synopsis:

Vote to pass a bill that prohibits civil action for a claim of "wrongful birth" or "wrongful life".

Highlights:

• Prohibits civil action lawsuits and recovered damages for a “claim of wrongful birth” or “claim of wrongful life” (Sec. 1).

• Defines “claim of wrongful birth” as a cause of action brought by a parent or legal guardian that seeks damages as a result of a physical condition of a minor that existed at the time of birth, and which is based on the claim that an individual’s action or omission contributed to the minor’s mother not obtaining an abortion (Sec. 1). 

• Defines “claim of wrongful life” as a cause of action brought by, or on the behalf of, a minor that seeks damages as a result of a physical condition of a minor that existed at the time of birth, and which is based on the claim that an individual’s action or omission contributed to the minor’s mother not obtaining an abortion (Sec. 1). 

• Specifies the provisions of this bill shall not apply to a “wrongful death action” if the death is of an unborn child by means of any of the following (Sec. 2): 
• An act committed by the mother of the unborn child;
• A lawful medical procedure performed by a physician or other licensed medical professional at the request of the pregnant woman or her legal guardian; 
• The lawful dispensation or administration of lawfully prescribed medication; or
• A legal abortion.

• Defines “unborn child” as a human fetus at any stage of gestation from fertilization to birth (Sec. 2). 

Full Bill Text