Pennsylvania Statutes Title 42 Pa.C.S.A. Judiciary and Judicial Procedure § 8305. Actions for wrongful birth and wrongful life

(a) Wrongful birth.--There shall be no cause of action or award of damages on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born.  Nothing contained in this subsection shall be construed to prohibit any cause of action or award of damages for the wrongful death of a woman, or on account of physical injury suffered by a woman or a child, as a result of an attempted abortion.  Nothing contained in this subsection shall be construed to provide a defense against any proceeding charging a health care practitioner with intentional misrepresentation under the act of October 5, 1978 (P.L. 1109, No. 261), known as the Osteopathic Medical Practice Act,  1 the act of December 20, 1985 (P.L. 457, No. 112), known as the Medical Practice Act of 1985,  2 or any other act regulating the professional practices of health care practitioners.

(b) Wrongful life.--There shall be no cause of action on behalf of any person based on a claim of that person that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted.

(c) Conception.--A person shall be deemed to be conceived at the moment of fertilization.

1 63 P.S. § 271.1 et seq.
2 63 P.S. § 422.1 et seq.

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