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

Arkansas Statutes

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

Arkansas § 16-120-902

Title16

This text of Arkansas § 16-120-902 (Wrongful birth claims - Wrongful life claims) is published on Counsel Stack Legal Research, covering Arkansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ark. Code Ann. § 16-120-902 (2026).

Text

(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

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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.