Missouri Revised Statutes

Mo. Rev. Stat. § 188.130 (2026)

No cause of action for wrongful life

✓ current as of May 2026

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188.130. No cause of action for wrongful life. — 1. No person shall maintain a cause of action or receive an award of damages on behalf of himself or herself based on the claim that but for the negligent conduct of another, he or she would have been aborted.

2. No person shall maintain a cause of action or receive an award of damages based on the claim that but for the negligent conduct of another, a child would have been aborted.

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(L. 1986 H.B. 1596)

(1989) Harm was not suffered until child was born and statute applied where child was conceived prior to effective date of statute but born after such date. Statute did not bar action for negligence against physician alleging failure to inform mother prior to birth that her fetus was deformed when mother alleged emotional distress from shock of discovering such defect after birth. (Mo. banc) Shelton v. St. Anthony's Medical Center, 781 S.W.2d 48.

Notes of Decisions

Cited in 13 cases, 1988–2005 · leading case: Wilson v. Kuenzi, 751 S.W.2d 741 (Mo. 1988).

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Wilson v. Kuenzi, 751 S.W.2d 741 (Mo. 1988). · cites it 28× “The dismissal was based on the language of § 188.130, RSMo 1986, effective August 13, 1986, and appeal was to this Court because of the constitutional issues raised concerning the statute.”

Cruzan Ex Rel. Cruzan v. Harmon, 760 S.W.2d 408 (Mo. 1988). · cites it 6× “Section 188.130, RSMo 1986, denies a cause of action for wrongful life and wrongful birth.”

Blaske v. Smith & Entzeroth, Inc., 821 S.W.2d 822 (Mo. 1991). · cites it 4× “053, RSMo 1986, abrogating dram shop liability and § 188.130, RSMo 1986, the so-called "Wrongful Life Statute" barring any cause of action for negligent failure to abort.”

Harrell v. Total Health Care, Inc., 781 S.W.2d 58 (Mo. 1989). · cites it 4× “053, RSMo 1986 (dram shop law); § 188.130, RSMo 1986 (wrongful life statute).”

Viccaro v. Milunsky, 551 N.E.2d 8 (Mass. 1990). · cites it 2× “1988) (see to the same effect, Mo. Rev. Stat. § 188.130 [1986]); Smith v.”

Willis Ex Rel. Willis v. Wu, 607 S.E.2d 63 (S.C. 2004). “1988) (Down Syndrome); Mo. Rev.Stat. Ann. § 188.130 (statute enacted in 1986 prohibits wrongful birth or wrongful life actions which claim that, but for negligence, person would have been aborted).”

Williams v. Van Biber, 886 S.W.2d 10 (Mo. Ct. App. 1994). · cites it 4× “2d 219 (1988); § 188.130, RSMo 1986. 1 Girdley refused to allow, as damages for a wrongful conception action, the costs of raising a healthy, normal child.”

Kassama v. Magat, 792 A.2d 1102 (Md. 2002). “424 (West 2000); Mo Rev Stat § 188.130 (2000); N.D. Cent.Code § 32-03- *138 43 (2001); 42 Pa.”

Reed v. Campagnolo, 630 A.2d 1145 (Md. 1993). “1986)); Mo.Rev.Stat. § 188.130, Subd. 2 (1986); Pa.”

Kassama v. Magat, 767 A.2d 348 (Md. Ct. Spec. App. 2001). “424 (2000); Mo.Rev.Stat. § 188.130 (1999); N.D. Cent.”

State Ex Rel. Golden v. Crawford, 165 S.W.3d 147 (Mo. 2005). “See as examples sections 188.130, 332.021, 335.031, 537.037, and 537.”

Rolf v. Youngblood, 753 S.W.2d 24 (Mo. Ct. App. 1988). · cites it 2× “The Missouri Supreme Court addressed the question of whether Missouri would have recognized this cause of action in 1983, some three years prior to the adoption of § 188.130, RSMo 1986, which was held not to be retrospective in its application.”

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