Kansas Statutes Annotated

K.S.A. § 60-1906 (2026)

Wrongful life or wrongful birth claims; prohibited

✓ current as of May 2026

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60-1906. Wrongful life or wrongful birth claims; prohibited. (a) No civil action may be commenced in any court for a claim of wrongful life or wrongful birth, and no damages may be recovered in any civil action for any physical condition of a minor that existed at the time of such minor's birth if the damages sought arise out of a claim that a person's action or omission contributed to such minor's mother not obtaining an abortion.

(b) Nothing in this section shall be deemed to create any new cause of action, nor preclude any otherwise proper cause of action based on a claim that, but for a person's wrongful action or omission, the death or physical injury of the mother would not have occurred, or the 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 such individual.

(c) If any provision or clause of this act or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

(d) As used in this section:

(1) "Abortion" has the same meaning as such term is defined in K.S.A. 65-6701, and amendments thereto.

(2) "Claim of wrongful birth" means a cause of action brought by a parent, legal guardian or other individual legally required to provide for the support of a minor, which seeks damages, whether economic or noneconomic, as a result of a physical condition of such minor that existed at the time of such minor's birth, and which is based on a claim that a person's action or omission contributed to such minor's mother not obtaining an abortion.

(3) "Claim of wrongful life" means a cause of action brought by, or on behalf of, a minor, which seeks damages, whether economic or noneconomic, for such minor as a result of a physical condition of such minor that existed at the time of such minor's birth, and which is based on a claim that a person's action or omission contributed to such minor's mother not obtaining an abortion.

History: L. 2013, ch. 48, § 1; July 1.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2017–2021 · leading case: Tillman v. Goodpasture

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Tillman v. Goodpasture, 424 P.3d 540 (Kan. Ct. App. 2018). · cites it 25× “A. 2013 Supp. 60-1906 was constitutional, finding Section 5 and Section 18 of the Kansas Constitution Bill of Rights did not protect this cause of action since wrongful birth was not a cause of action *543 recognized in 1859 when our Constitution was adopted.”

Tillman v. Goodpasture, 485 P.3d 656 (Kan. 2021). · cites it 21× “Twenty-three years later, the Legislature enacted K.S.A. 2013 Supp. 60-1906, so the question now is whether a state law can abolish wrongful birth causes of action after our court acknowledged them.”

Pamela Plowman & Jeremy Plowman v. Fort Madison Cmty. Hosp., Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Ctr., & Fort Madison Physicians & Surgeons, 896 N.W.2d 393 (Iowa 2017). · cites it 4× “); Kan. Stat. Ann. § 60-1906 (West, Westlaw current through laws enacted as of Jan.”

Amended August 8, 2017 Pamela Plowman & Jeremy Plowman v. Fort Madison Cmty. Hosp., Pil Kang, John Paiva, Davis Radiology, P.C., Leah Steffensmeier, the Women's Ctr., & Fort Madison Physicians & Surgeons (Iowa 2017). · cites it 2× “); Kan. Stat. Ann. § 60-1906 (West, Westlaw current through laws enacted as of Jan.”

— K.S.A. § 60-1906(a) — 2 cases

Tillman v. Goodpasture, 485 P.3d 656 (Kan. 2021). “Twenty-three years later, the Legislature enacted K.S.A. 2013 Supp. 60-1906, so the question now is whether a state law can abolish wrongful birth causes of action after our court acknowledged them.”

Tillman v. Goodpasture, 424 P.3d 540 (Kan. Ct. App. 2018). “A. 2013 Supp. 60-1906 was constitutional, finding Section 5 and Section 18 of the Kansas Constitution Bill of Rights did not protect this cause of action since wrongful birth was not a cause of action *543 recognized in 1859 when our Constitution was adopted.”

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