House
File
2405
-
Introduced
HOUSE
FILE
2405
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2165)
A
BILL
FOR
An
Act
prohibiting
a
cause
of
action
for
wrongful
birth
1
or
wrongful
life,
and
including
effective
date
and
2
applicability
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2405
Section
1.
NEW
SECTION
.
613.15B
Wrongful
birth
or
wrongful
1
life
cause
of
action
——
prohibitions
——
exception.
2
1.
A
cause
of
action
shall
not
arise
and
damages
shall
not
3
be
awarded,
on
behalf
of
any
person,
based
on
a
wrongful
birth
4
claim
that,
but
for
an
act
or
omission
of
the
defendant,
a
5
child
would
not
or
should
not
have
been
born.
6
2.
A
cause
of
action
shall
not
arise
and
damages
shall
not
7
be
awarded,
on
behalf
of
any
person,
based
on
a
wrongful
life
8
claim
that,
but
for
an
act
or
omission
of
the
defendant,
the
9
person
bringing
the
action
would
not
or
should
not
have
been
10
born.
11
3.
The
prohibitions
specified
in
this
section
apply
to
any
12
claim
regardless
of
whether
the
child
is
born
healthy
or
with
a
13
birth
defect
or
disorder
or
other
adverse
medical
condition.
14
However,
the
prohibitions
specified
in
this
section
shall
15
not
apply
to
a
civil
action
for
damages
for
an
intentional
16
or
grossly
negligent
act
or
omission,
including
any
act
or
17
omission
that
constitutes
a
public
offense.
18
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
19
importance,
takes
effect
upon
enactment.
20
Sec.
3.
APPLICABILITY.
This
Act
applies
on
or
after
the
21
effective
date
of
this
Act
to
causes
of
action
that
accrue
on
22
or
after
that
date.
A
cause
of
action
that
accrues
before
the
23
effective
date
of
this
Act
is
governed
by
the
law
in
effect
24
prior
to
the
effective
date
of
this
Act.
25
EXPLANATION
26
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
27
the
explanation’s
substance
by
the
members
of
the
general
assembly.
28
This
bill
relates
to
causes
of
action
for
wrongful
birth
and
29
wrongful
life.
30
The
bill
prohibits
a
cause
of
action
and
the
awarding
of
31
damages
on
behalf
of
a
person,
based
on
a
wrongful
birth
claim
32
that,
but
for
an
act
or
omission
of
the
defendant,
a
child
33
would
not
or
should
not
have
been
born.
34
The
bill
also
prohibits
a
cause
of
action
and
the
awarding
of
35
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2405
damages
on
behalf
of
any
person,
based
on
a
wrongful
life
claim
1
that,
but
for
an
act
or
omission
of
the
defendant,
the
person
2
bringing
the
action
would
not
or
should
not
have
been
born.
3
The
prohibitions
apply
to
any
claim
regardless
of
whether
4
the
child
is
born
healthy
or
with
a
birth
defect
or
disorder
5
or
other
adverse
medical
condition.
However,
the
bill
does
6
not
apply
to
a
civil
action
for
damages
for
an
intentional
7
or
grossly
negligent
act
or
omission,
including
any
act
or
8
omission
that
constitutes
a
public
offense.
9
The
bill
takes
effect
upon
enactment
and
applies
to
a
cause
10
of
action
that
accrues
on
or
after
the
effective
date
of
the
11
bill.
A
cause
of
action
that
accrues
before
that
date
is
12
governed
by
the
law
applicable
to
such
a
cause
of
action
prior
13
to
that
date.
14
The
bill,
in
part,
is
a
response
to
the
Iowa
supreme
court’s
15
decision
in
Plowman
v.
Fort
Madison
Community
Hospital,
No.
16
15-0974
(June
2,
2017),
holding,
in
part,
that
a
wrongful
birth
17
action
fits
within
common
law
tort
principles
governing
medical
18
negligence
claims.
19
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