PROHIBIT WRONGFUL BIRTH ACTION - S.B. 1170 (S-2): FLOOR ANALYSIS
Senate Bill 1170 (Substitute S-2 as reported by the Committee of the Whole)
Sponsor: Senator William Van Regenmorter
Committee: Judiciary
CONTENT
The bill would amend the Revised Judicature Act to prohibit a person from brining any of the following:
-- A civil action for damages on a wrongful birth claim that, but for an act or omission of the defendant, a child or children would not or should not have been born.
-- A civil action for damages on a wrongful life claim that, but for the negligent act or omission of the defendant, the person bringing the action would not or should not have been born.
-- A civil action for damages for daily living, medical, educational, or other expenses necessary to raise a child to the age of majority, on a wrongful pregnancy or wrongful conception claim that, but for an act or omission of the defendant, the child would not or should not have been conceived.
The bill's prohibitions would apply regardless of whether a child was born healthy or with a birth defect or other adverse medical condition. The prohibitions would not apply to a civil action for damages for an intentional or grossly negligent act or omission including an act or omission that violated the Michigan Penal Code.
Proposed MCL 600.2971 - Legislative Analyst: P. Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 5-23-00 - Fiscal Analyst: B. Bowerman
floor\sb1170 - Analysis available @ http://www.michiganlegislature.org
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.