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Subdivision 1.Wrongful life action prohibited.
No person shall maintain a cause of action or receive an award of damages on behalf of that person based on the claim that but for the negligent conduct of another, the person would have been aborted.
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Subd. 2.Wrongful birth action prohibited.
No person shall maintain a cause of action or receive an award of damages on the claim that but for the negligent conduct of another, a child would have been aborted.
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Subd. 3.Failure or refusal to prevent a live birth.
Nothing in this section shall be construed to preclude a cause of action for intentional or negligent malpractice or any other action arising in tort based on the failure of a contraceptive method or sterilization procedure or on a claim that, but for the negligent conduct of another, tests or treatment would have been provided or would have been provided properly which would have made possible the prevention, cure, or amelioration of any disease, defect, deficiency, or disability; provided, however, that abortion shall not have been deemed to prevent, cure, or ameliorate any disease, defect, deficiency, or disability. The failure or refusal of any person to perform or have an abortion shall not be a defense in any action, nor shall that failure or refusal be considered in awarding damages or in imposing a penalty in any action.
Notes of Decisions
Hickman v. Grp. Health Plan, Inc., 396 N.W.2d 10 (Minn. 1986).
· cites it 106× “This case comes to us as a certified question from the Hennepin County District Court.”
Molloy v. Meier, 679 N.W.2d 711 (Minn. 2004).
· cites it 33× “The district court denied the appellants' motion for summary judgment and concluded that a physician who performs genetic tests on a child owes a duty to the biological parents of that child; that the action did not accrue until the time of conception and, therefore, was not…”
Molloy v. Meier, 660 N.W.2d 444 (Minn. Ct. App. 2003).
· cites it 31× “Does Minn.Stat. § 145.424 (2002) prohibit parents from bringing an *450 action alleging they would not have conceived the subsequent child described in question II? ANALYSIS When certified questions arise from a denial of summary judgment, the summary judgment standard applies;…”
Lininger Ex Rel. Lininger v. Eisenbaum, 764 P.2d 1202 (Colo. 1988).
· cites it 2× “Minn.Stat. § 145.424 (1986). Missouri's statute only expressly proscribes actions in which the asserted injury is the prevention of an abortion.”
Jevning v. Cichos, 499 N.W.2d 515 (Minn. Ct. App. 1993).
· cites it 4× “However, the Sherlock decision has been modified by Minn.Stat. § 145.424 (1984), prohibiting wrongful birth suits or wrongful life suits except in a medical malpractice action.”
Taylor v. Kurapati, 600 N.W.2d 670 (Mich. Ct. App. 1999).
· cites it 2× “221 Minnesota (see Minn. Stat. Ann. 145.424); Missouri (see Mo.”
Kassama v. Magat, 767 A.2d 348 (Md. Ct. Spec. App. 2001).
· cites it 2× “§ 34-12-1-1 (Michie 2000); Minn.Stat. § 145.424 (2000); Mo.Rev.Stat.”
Willis Ex Rel. Willis v. Wu, 607 S.E.2d 63 (S.C. 2004).
“Minn.Stat. § 145.424 (statute enacted in 1982 prohibits wrongful birth or wrongful life actions which claim that, but for negligence, person would have been aborted); N.”
Anker v. Little, 541 N.W.2d 333 (Minn. Ct. App. 1995).
· cites it 2× “2d at 12-15 (upholding the constitutionality of Minn.Stat. § 145.424 (1984), a statute prohibiting wrongful life and birth actions, and located amidst public health provisions (such as Minn.”
Kassama v. Magat, 792 A.2d 1102 (Md. 2002).
“24, § 2931 (West 2000) (refusing to recognize wrongful life cause of action when healthy child is born); Mich Comp Laws Ann § 600-2971 (West 2001); Minn Stat Ann. § 145.424 (West 2000); Mo Rev Stat § 188.”
Murphy v. Myers, 560 N.W.2d 752 (Minn. Ct. App. 1997).
· cites it 4× “521, § 1 (codified as amended at Minn.Stat. § 145.424 (1996)). Jevning refused to extend Sherlock in light of section 145.”
— Minn. Stat. § 145.424(1) — 1 case
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