Okla. Stat. tit. 63, § 63-1-741.12

This is the official text of Okla. Stat. tit. 63, § 63-1-741.12, part of Oklahoma’s Stat. tit. 63, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 63,." Browse the sections below, each linked to its official government source.

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Wrongful life or wrongful birth action - Damages

Official statutory text

A. It is the intent of the Legislature that the birth of a

child does not constitute a legally recognizable injury and that it

is contrary to public policy to award damages because of the birth

of a child or for the rearing of that child.

B. For the purposes of this section:

Oklahoma Statutes - Title 63. Public Health and Safety Page 384

1. "Abortion" means the term as is defined in Section 1-730 of

Title 63 of the Oklahoma Statutes;

2. "Wrongful life action" means a cause of action that is

brought by or on behalf of a child, which seeks economic or

noneconomic damages for the child because of a condition of the

child that existed at the time of the child's birth, and which is

based on a claim that a person's act or omission contributed to the

mother's not having obtained an abortion; and

3. "Wrongful birth action" means a cause of action that is

brought by a parent or other person who is legally required to

provide for the support of a child, which seeks economic or

noneconomic damages because of a condition of the child that existed

at the time of the child's birth, and which is based on a claim that

a person's act or omission contributed to the mother's not having

obtained an abortion.

C. In a wrongful life action or a wrongful birth action, no

damages may be recovered for any condition that existed at the time

of a child's birth if the claim is that the defendant's act or

omission contributed to the mother's not having obtained an

abortion.

D. This section shall not preclude causes of action based on

claims that, but for a wrongful act or omission, maternal death or

injury would not have occurred, or handicap, disease, or disability

of an individual prior to birth would have been prevented, cured, or

ameliorated in a manner that preserved the health and life of the

affected individual.

Status: in_force · Read it on the official government site

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About this page: Statute text is reproduced from official government publishers via the Open US Law dataset (Vaquill AI, snapshot v2026.08, CC BY 4.0). Primary legislative text like this is public domain under the government-edicts doctrine (Georgia v. Public.Resource.Org, 2020). We link every section back to its official source so you can verify it independently.