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H.R. 281 (114th): Every Child is a Blessing Act of 2014

The text of the bill below is as of Jan 12, 2015 (Introduced).


I

114th CONGRESS

1st Session

H. R. 281

IN THE HOUSE OF REPRESENTATIVES

January 12, 2015

(for himself, Mr. Harper, Mr. Conaway, Mr. Pittenger, Mr. Olson, Mr. Jones, Mr. Franks of Arizona, Mr. Marino, Mr. Pompeo, Mr. Pitts, and Mr. Rothfus) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To prohibit recovery of damages in certain wrongful birth and wrongful life civil actions, and for other purposes.

1.

Short title

This Act may be cited as the Every Child is a Blessing Act of 2014.

2.

Prohibition of recovery in certain wrongful life and wrongful birth civil actions

(a)

General rule

Except as otherwise provided in this section, a person may not recover damages in any designated civil action (as defined in subsection (d)) based on a claim that, but for the conduct of the defendant, a child, once conceived, would not or should not have been born.

(b)

Application to certain claims

Subsection (a) applies, among others, to a claim based in whole or in part on disability, defect, abnormality, race, sex, or other inborn characteristic of the child.

(c)

Rule of construction

Subsection (a) shall not be construed—

(1)

to provide a defense against charges of intentional misrepresentation in any proceeding under State law regulating the professional practices of health care providers and practitioners;

(2)

to provide a defense in any criminal action, including cases of rape or incest; or

(3)

to limit the recovery of damages in cases where the conduct of the defendant caused personal injury or death to the child or gestational mother.

(d)

Definitions

In this section—

(1)

the term State includes the District of Columbia, the Commonwealth of Puerto Rico, and any other territory or possession of the United States; and

(2)

the term designated civil action means a civil action, in Federal or State court—

(A)

arising under Federal law; or

(B)

based on a claim involving health care services affecting interstate or foreign commerce.