2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 83 - Particular Rights and Immunities
8305 - Actions for wrongful birth and wrongful life.

     § 8305.  Actions for wrongful birth and wrongful life.
        (a)  Wrongful birth.--There shall be no cause of action or
     award of damages on behalf of any person based on a claim that,
     but for an act or omission of the defendant, a person once
     conceived would not or should not have been born. Nothing
     contained in this subsection shall be construed to prohibit any
     cause of action or award of damages for the wrongful death of a
     woman, or on account of physical injury suffered by a woman or a
     child, as a result of an attempted abortion. Nothing contained
     in this subsection shall be construed to provide a defense
     against any proceeding charging a health care practitioner with
     intentional misrepresentation under the act of October 5, 1978
     (P.L.1109, No.261), known as the Osteopathic Medical Practice
     Act, the act of December 20, 1985 (P.L.457, No.112), known as
     the Medical Practice Act of 1985, or any other act regulating
     the professional practices of health care practitioners.
        (b)  Wrongful life.--There shall be no cause of action on
     behalf of any person based on a claim of that person that, but
     for an act or omission of the defendant, the person would not
     have been conceived or, once conceived, would or should have
     been aborted.
        (c)  Conception.--A person shall be deemed to be conceived at
     the moment of fertilization.
     (Apr. 13, 1988, P.L.336, No.47, eff. imd.)

        1988 Amendment.  Act 47 added section 8305. Section 7 of Act
     47 provided that section 8305 shall not apply to any case in
     which a final award of damages has been made and with regard to
     which the time to take an appeal has expired without an appeal
     being taken. Section 8 of Act 47 provided that, except as
     provided in section 2 of Act 47, which added section 8305,
     section 8305 shall have retroactive effect, including
     application to any case pending or on appeal.