House
File
2405
-
Reprinted
HOUSE
FILE
2405
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HF
2165)
(As
Amended
and
Passed
by
the
House
February
27,
2018
)
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
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H.F.
2405
Section
1.
NEW
SECTION
.
613.15B
Wrongful
birth
or
wrongful
1
life
cause
of
action
——
prohibitions
——
exceptions.
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
not
15
apply
to
any
of
the
following:
16
a.
A
civil
action
for
damages
for
an
intentional
or
grossly
17
negligent
act
or
omission,
including
any
act
or
omission
that
18
constitutes
a
public
offense.
19
b.
A
civil
action
for
damages
for
the
intentional
failure
20
of
a
physician
to
comply
with
the
duty
imposed
by
licensure
21
pursuant
to
chapter
148
to
provide
a
patient
with
all
22
information
reasonably
necessary
to
make
decisions
about
a
23
pregnancy.
24
Sec.
2.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
immediate
25
importance,
takes
effect
upon
enactment.
26
Sec.
3.
APPLICABILITY.
This
Act
applies
on
or
after
the
27
effective
date
of
this
Act
to
causes
of
action
that
accrue
on
28
or
after
that
date.
A
cause
of
action
that
accrues
before
the
29
effective
date
of
this
Act
is
governed
by
the
law
in
effect
30
prior
to
the
effective
date
of
this
Act.
31
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