Mont. Code Ann. » TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS · CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY · Part 7. Liability
Montana Code Annotated

Mont. Code Ann. § 27-1-747 (2026)

Claims And Damages Based On Birth Of Child Prohibited

✓ current as of May 2026
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  1. MCA Contents
  2. TITLE 27
  3. CHAPTER 1
  4. Part 7
  5. 27-1-747 Claims and damages based on birth of child prohibited

TITLE 27. CIVIL LIABILITY, REMEDIES, AND LIMITATIONS

CHAPTER 1. AVAILABILITY OF REMEDIES -- LIABILITY

Part 7. Liability

Claims And Damages Based On Birth Of Child Prohibited

27-1-747. Claims and damages based on birth of child prohibited. (1) A cause of action or award of damages is prohibited if the cause of action or award of damages is based on the claim that, but for the conduct of a health care provider, a parent would not have permitted the parent's child to have been born.

(2) For the purposes of this section, the term "health care provider" means a health care facility as defined in 50-5-101 or a physician, physician assistant, registered nurse, advanced practice registered nurse, or direct-entry midwife licensed under Title 37.

(3) This section does not apply to instances of gross negligence or willful or wanton acts or omissions.

History: En. Sec. 1, Ch. 311, L. 2013.

Notes of Decisions
Cited in 2 cases, 2017–2017 · leading case: 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).
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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 2× “); Mont. Code Ann. § 27-1-747 (West, Westlaw current through Feb.”
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). “); Mont. Code Ann. § 27-1-747 (West, Westlaw current through Feb.”
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