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.
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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