Montana Statutes
§ 27-1-747 — Claims And Damages Based On Birth Of Child Prohibited
Montana·Title 27 CIVIL LIABILITY, REMEDIES, AND LIMITATIONS·Ch. 1 AVAILABILITY OF REMEDIES -- LIABILITY·Part 7 Liability
27-1-747 . Claims and damages based on birth of child prohibited.
(1)A cause of action or award of damages is prohibited if the cause of action or award of damages is based on the claim that, but for the conduct of a health care provider, a parent would not have permitted the parent's child to have been born.
(2)For the purposes of this section, the term "health care provider" means a health care facility as defined in 50-5-101 or a physician, physician assistant, registered nurse, advanced practice registered nurse, or direct-entry midwife licensed under Title 37.
(3)This section does not apply to instances of gross negligence or willful or wanton acts or omissions.
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Legislative History
En. Sec. 1, Ch. 311, L. 2013.
Nearby Sections
15
§ 27-1-101
Judicial Remedies Defined§ 27-1-102
Actions And Special Proceedings Defined§ 27-1-103
Civil And Criminal Actions§ 27-1-104
Bases For Civil Actions§ 27-1-105
Obligation Defined§ 27-1-106
Injury Defined§ 27-1-107
Kinds Of Relief -- When Given§ 27-1-1101
Definition§ 27-1-1102
Duty To Warn Of Violent Behavior§ 27-1-1103
Immunity From Liability§ 27-1-1501
Short Title§ 27-1-1502
Findings -- Purpose§ 27-1-1503
Civil Action§ 27-1-1504
Reserved§ 27-1-1505
Liens