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New Jersey Bill Regarding Wrongful Birth and Wrongful Life Lawsuits (A 4398)

This law was last updated on Apr 21, 2016


New Jersey


A 4398


Failed to Pass


May 11, 2015


Primary Sponsors: 1
Total Sponsors: 1


Wrongful Birth

Full Bill Text

A 4398 would eliminate liability for “wrongful birth” or “wrongful life” claims against any person or entity, including any physician or health care professional licensed in New Jersey, including claims arising out of the failure to suggest or advise that a person undergo an abortion or that a person undergo genetic testing of a fetus.

Under existing law, “wrongful birth” and “wrongful life” lawsuits may be brought by parents of children with birth defects and genetic diseases on grounds that the doctors’ negligence in failing to diagnose the condition before birth deprived the parents of the option to abort the fetus.


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