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.
Structure Montana Code Annotated
Title 27. Civil Liability, Remedies, and Limitations
Chapter 1. Availability of Remedies -- Liability
27-1-701. Liability for negligence as well as willful acts
27-1-703. Multiple defendants -- determination of liability
27-1-704. Release -- covenant not to sue
27-1-705. Several liability -- purpose -- pleading -- determination -- nonparties
27-1-706. Effect of a release or covenant not to sue
27-1-708. Liability of landowner to trespasser
27-1-709. Property owner's immunity from damage caused by use of property unlawfully taken
27-1-710. Civil liability for injuries involving alcohol consumption
27-1-711. Liability of minor or person of unsound mind for own torts -- exemplary damages
27-1-712. Liability for damages for deceit
27-1-713. Duty to restore thing wrongfully acquired or retained
27-1-714. Limits on liability for emergency care rendered at scene of accident or emergency
27-1-715. Liability of owner of vicious dog
27-1-716. Immunity of persons donating food for free distribution
27-1-718. Civil penalty for shoplifting
27-1-719. Liability of seller of product for physical harm to user or consumer
27-1-720. Liability -- defect in design of firearms or ammunition
27-1-721. Immunity of certain firearms and hunter safety or hunter education instructors
27-1-722. Civil damages immunity for injury caused by legal use of force
27-1-727. Equine activity liability limitations
27-1-728. Mule and horseracing -- exception
27-1-729. and 27-1-730 reserved
27-1-731. Individual immunity for and indemnification of ditch company employees -- definitions
27-1-732. Immunity of nonprofit corporation officers, directors, and volunteers
27-1-734. Limits on liability of health care provider in emergency situations
27-1-735. Emergency communications systems -- lawful release of information
27-1-738. Health care provider's responsibility for others
27-1-739. Liability of health care provider for reduced chance of recovery caused by malpractice
27-1-740. Ridesharing -- limits on employer liability
27-1-743. Operator's responsibilities
27-1-744. Passenger responsibilities and prohibitions
27-1-746. Duty of health care provider performing third-party medical examination
27-1-747. Claims and damages based on birth of child prohibited
27-1-748. through 27-1-750 reserved
27-1-753. Limitation on liability in sport or recreational opportunity