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OK HB2656
Bill
Status
4/26/2010
Primary Sponsor
Mike Brown
Click for details
AI Summary
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Establishes legislative intent that the birth of a child does not constitute a legally recognizable injury and prohibits awarding damages because of a child's birth or rearing.
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Defines "wrongful life action" as a cause of action brought by or on behalf of a child seeking damages for a condition existing at birth based on a claim that someone's act or omission prevented the mother from obtaining an abortion.
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Defines "wrongful birth action" as a cause of action brought by parents or legal guardians seeking damages for a child's condition at birth based on a claim that someone's act or omission prevented the mother from obtaining an abortion.
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Prohibits recovery of damages in wrongful life or wrongful birth actions for any condition that existed at the time of the child's birth when the claim is based on prevention of abortion.
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Creates an exception allowing causes of action based on claims that would have prevented maternal death or injury, or prevented, cured, or ameliorated fetal handicap, disease, or disability while preserving the health and life of the affected individual.
Legislative Description
Public health and safety; prohibiting the recovery of damages in certain circumstances for wrongful birth and wrongful life actions. Emergency.
Children
Last Action
Filed with Secretary of State
4/27/2010