Pennsylvania § 8306 Defense against claim for injury sustained in utero barred

Pennsylvania Statutes

§ 8306 — Defense against claim for injury sustained in utero barred

Pennsylvania § 8306

JurisdictionPennsylvania

Title 42JUDICIARY AND JUDICIAL PROCEDURE

PartPART VII

Ch. 83PARTICULAR RIGHTS AND IMMUNITIES

Subch.RIGHTS OF ACTION

This text of Pennsylvania § 8306 (Defense against claim for injury sustained in utero barred) is published on Counsel Stack Legal Research, covering Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

42 Pa. Cons. Stat. § 8306 (2026).

Text

Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or should have been aborted.

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Legislative History

(Apr. 13, 1988, P.L.336, No.47, eff. imd.) 1988 Amendment.Act 47 added section 8306. Section 7 of Act 47 provided that section 8306 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8306, section 8306 shall have retroactive effect, including application to any case pending or on appeal.