Bill Text: IA HF2165 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act prohibiting a cause of action for wrongful birth or wrongful life, and including applicability provisions. (See HF 2405.)

Sponsorship: Partisan Bill (Republican 17)

Status: (Introduced - Dead) 2018-03-01 - Withdrawn. H.J. 441. [HF2165 Detail]

Download: Iowa-2017-HF2165-Introduced.html

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House File 2165 - Introduced




                                 HOUSE FILE       
                                 BY  SALMON, JACOBSEN,
                                     WHEELER, GASSMAN,
                                     SHEETS, HEARTSILL,
                                     HANUSA, GUSTAFSON,
                                     BOSSMAN, FISHER,
                                     WATTS, BACON, HOLT,
                                     KOESTER, BAXTER,
                                     DOLECHECK, LUNDGREN,
                                     HAGER, and ROGERS

                                      A BILL FOR

  1 An Act prohibiting a cause of action for wrongful birth or
  2    wrongful life, and including applicability provisions.
  3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5159YH (17) 87
    pf/rj/jh

PAG LIN



  1  1    Section 1.  NEW SECTION.  613.15B  Wrongful birth or
  1  2 wrongful life cause of action == public policy == prohibition ==
  1  3 exceptions == applicability.
  1  4    1.  It is the public policy of this state to encourage all
  1  5 persons to respect the right to life of all persons, regardless
  1  6 of age, stage of development, condition, or dependency,
  1  7 including all persons with a disability and unborn children as
  1  8 defined in section 146B.1.
  1  9    2.  A cause of action shall not arise and damages shall not
  1 10 be awarded, on behalf of any person, based on a wrongful birth
  1 11 claim that, but for an act or omission of the defendant, a
  1 12 child would not or should not have been born.
  1 13    3.  A cause of action shall not arise and damages shall not
  1 14 be awarded, on behalf of any person, based on a wrongful life
  1 15 claim that, but for an act or omission of the defendant, the
  1 16 person bringing the action would not or should not have been
  1 17 born.
  1 18    4.  The prohibitions specified in this section apply to any
  1 19 claim regardless of whether the child is born healthy or with a
  1 20 birth defect or disorder or other adverse medical condition.
  1 21 However, the prohibitions specified in this section shall
  1 22 not apply to a civil action for damages for an intentional
  1 23 or grossly negligent act or omission, including any act or
  1 24 omission that constitutes a public offense.
  1 25    5.  This section applies to causes of action that accrue on
  1 26 or after July 1, 2018.  A cause of action that accrues before
  1 27 July 1, 2018, is governed by the law applicable to such a cause
  1 28 of action prior to July 1, 2018.
  1 29                           EXPLANATION
  1 30 The inclusion of this explanation does not constitute agreement with
  1 31 the explanation's substance by the members of the general assembly.
  1 32    This bill relates to causes of action for wrongful birth
  1 33 and wrongful life. The bill provides that it is the public
  1 34 policy of this state to encourage all persons to respect the
  1 35 right to life of all persons, regardless of age, stage of
  2  1 development, condition, or dependency, including all persons
  2  2 with a disability and unborn children.
  2  3    The bill prohibits a cause of action and the awarding of
  2  4 damages on behalf of a person, based on a wrongful birth claim
  2  5 that, but for an act or omission of the defendant, a child
  2  6 would not or should not have been born.
  2  7    The bill also prohibits a cause of action and the awarding of
  2  8 damages on behalf of any person, based on a wrongful life claim
  2  9 that, but for an act or omission of the defendant, the person
  2 10 bringing the action would not or should not have been born.
  2 11    The prohibitions apply to any claim regardless of whether
  2 12 the child is born healthy or with a birth defect or disorder
  2 13 or other adverse medical condition. However, the bill does
  2 14 not apply to a civil action for damages for an intentional
  2 15 or grossly negligent act or omission, including any act or
  2 16 omission that constitutes a public offense.
  2 17    The bill applies to a cause of action that accrues on or
  2 18 after July 1, 2018.  A cause of action that accrues before July
  2 19 1, 2018, is governed by the law applicable to such a cause of
  2 20 action prior to July 1, 2018.
  2 21    The bill, in part, is a response to the Iowa supreme court's
  2 22 decision in Plowman v. Fort Madison Community Hospital, No.
  2 23 15=0974 (June 2, 2017), holding, in part, that a wrongful birth
  2 24 action fits within common law tort principles governing medical
  2 25 negligence claims.
       LSB 5159YH (17) 87
       pf/rj/jh