Section 188.130

Title XII PUBLIC HEALTH AND WELFARE

Chapter 188

Effective - 28 Aug 1986   

  188.130.  No cause of action for wrongful life. — 1.  No person shall maintain a cause of action or receive an award of damages on behalf of himself or herself based on the claim that but for the negligent conduct of another, he or she would have been aborted.

  2.  No person shall maintain a cause of action or receive an award of damages based on the claim that but for the negligent conduct of another, a child would have been aborted.

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(L. 1986 H.B. 1596)

(1989) Harm was not suffered until child was born and statute applied where child was conceived prior to effective date of statute but born after such date. Statute did not bar action for negligence against physician alleging failure to inform mother prior to birth that her fetus was deformed when mother alleged emotional distress from shock of discovering such defect after birth. (Mo. banc) Shelton v. St.  Anthony's Medical Center, 781 S.W.2d 48.