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Oklahoma · Snapshot open-us-law v2026.08, retrieved 2026-09-14

Okla. Stat. tit. 63, § 63-1-741.12: Wrongful life or wrongful birth action - Damages

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Where this section sits in the code
  1. OK Code
  2. Title 63

A. It is the intent of the Legislature that the birth of a

child does not constitute a legally recognizable injury and that it

is contrary to public policy to award damages because of the birth

of a child or for the rearing of that child.

B. For the purposes of this section:

1. "Abortion" means the term as is defined in Section 1-730 of

Title 63 of the Oklahoma Statutes;

2. "Wrongful life action" means a cause of action that is

brought by or on behalf of a child, which seeks economic or

noneconomic damages for the child because of a condition of the

child that existed at the time of the child's birth, and which is

based on a claim that a person's act or omission contributed to the

mother's not having obtained an abortion; and

3. "Wrongful birth action" means a cause of action that is

brought by a parent or other person who is legally required to

provide for the support of a child, which seeks economic or

noneconomic damages because of a condition of the child that existed

at the time of the child's birth, and which is based on a claim that

a person's act or omission contributed to the mother's not having

obtained an abortion.

C. In a wrongful life action or a wrongful birth action, no

damages may be recovered for any condition that existed at the time

of a child's birth if the claim is that the defendant's act or

omission contributed to the mother's not having obtained an

abortion.

D. This section shall not preclude causes of action based on

claims that, but for a wrongful act or omission, maternal death or

injury would not have occurred, or handicap, disease, or disability

of an individual prior to birth would have been prevented, cured, or

ameliorated in a manner that preserved the health and life of the

affected individual.

Collected 2026-09-14T18:32:36Z. Source file · JSON

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