A. A person is not liable for damages in any civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.

Terms Used In Arizona Laws 12-719

  • Action: includes any matter or proceeding in a court, civil or criminal. See Arizona Laws 1-215
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
  • Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215

B. A person is not liable for damages in any 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 applies to any claim regardless of whether the child is born healthy or with a birth defect or other adverse medical condition.

D. This section does not apply to any civil action for damages for an intentional or grossly negligent act or omission, including an act or omission that violates a criminal law.

 

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