(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born.
(b) A person is not liable for damages in a civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.
(c) This section:
(1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition;
(2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and
(3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.
Structure Arkansas Code