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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8306 (2026)

 Defense against claim for injury sustained in utero barred.

✓ current as of May 2026
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§ 8306.  Defense against claim for injury sustained in utero barred.

Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or should have been aborted.

(Apr. 13, 1988, P.L.336, No.47, eff. imd.)

 

1988 Amendment.  Act 47 added section 8306. Section 7 of Act 47 provided that section 8306 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 8306, section 8306 shall have retroactive effect, including application to any case pending or on appeal.

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2024–2024 · leading case: Allegheny Reprod. Health v. PA DHS (Pa. 2024).
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Allegheny Reprod. Health v. PA DHS (Pa. 2024). “47 42 Pa.C.S. § 8306 (“Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.