{"data":{"id":"us-ar/ark.-code-ann.-16-120-902","jurisdiction":"us-ar","citation":"Ark. Code Ann. § 16-120-902","heading":"Wrongful birth claims - Wrongful life claims","body":"(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born. (b) A person is not liable for damages in a civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born. (c) This section: (1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition; (2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and (3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth. Added by Act 2017, No. 385,§ 1, eff. 8/1/2017.\n\n(a) A person is not liable for damages in a civil action for wrongful birth based on a claim that, but for an act or omission of the defendant, a child would not or should not have been born.\n\n(b) A person is not liable for damages in a civil action for wrongful life based on a claim that, but for an act or omission of the defendant, the person bringing the action would not or should not have been born.\n\n(c) This section: (1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition; (2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and (3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.\n\n(1) Applies to a claim regardless of whether the child is born healthy or with a birth defect or other medical condition;\n\n(2) Does not apply to a civil action for damages for an intentional, reckless, or grossly negligent act or omission, including without limitation an act or omission that violates a criminal law; and\n\n(3) Does not limit or eliminate liability for an act or omission that is a proximate cause of any injury to the child before, during, or after birth.","path":["AR Code","Title 16","Chapter 120","Subchapter 9"],"source_url":"https://oss-data-us.vaquill.ai/v2026.08/us_ar_statutes.parquet","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:41Z","sha256":"0ced6a687fccedff3b82fd03dda0d524dbd1164fa66955b1954fec76b6501fce","source_id":"us-ar","stale":false,"prev":"us-ar/ark.-code-ann.-16-120-901","next":"us-ar/ark.-code-ann.-16-121-101"},"notice":"GroundRules: Original legal text. Not legal advice."}