Senate Bill 2311

AN ACT TO CREATE NEW SECTION 15-1-81, MISSISSIPPI CODE OF 1972, TO PROHIBIT DAMAGES FOR WRONGFUL BIRTH OR WRONGFUL LIFE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. The following shall be codified as Section 15-1-81, Mississippi Code of 1972:

15-1-81. Wrongful birth or life claims; application. (1) No civil action may be commenced in any court for a claim of wrongful birth, and 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.

(2) No civil action may be commenced in any court for a claim of wrongful life, and a person is not liable for damages in a 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.

(3) This section applies to any claim without regard to whether the child is born healthy or with a birth defect or other adverse medical condition.

(4) 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.

SECTION 2. This act shall take effect and be in force from and after its passage.