{"data":{"id":"us-ok/okla.-stat.-tit.-63-63-1-741.12","jurisdiction":"us-ok","citation":"Okla. Stat. tit. 63, § 63-1-741.12","heading":"Wrongful life or wrongful birth action - Damages","body":"A. It is the intent of the Legislature that the birth of a\n\nchild does not constitute a legally recognizable injury and that it\n\nis contrary to public policy to award damages because of the birth\n\nof a child or for the rearing of that child.\n\nB. For the purposes of this section:\n\n1. \"Abortion\" means the term as is defined in Section 1-730 of\n\nTitle 63 of the Oklahoma Statutes;\n\n2. \"Wrongful life action\" means a cause of action that is\n\nbrought by or on behalf of a child, which seeks economic or\n\nnoneconomic damages for the child because of a condition of the\n\nchild that existed at the time of the child's birth, and which is\n\nbased on a claim that a person's act or omission contributed to the\n\nmother's not having obtained an abortion; and\n\n3. \"Wrongful birth action\" means a cause of action that is\n\nbrought by a parent or other person who is legally required to\n\nprovide for the support of a child, which seeks economic or\n\nnoneconomic damages because of a condition of the child that existed\n\nat the time of the child's birth, and which is based on a claim that\n\na person's act or omission contributed to the mother's not having\n\nobtained an abortion.\n\nC. In a wrongful life action or a wrongful birth action, no\n\ndamages may be recovered for any condition that existed at the time\n\nof a child's birth if the claim is that the defendant's act or\n\nomission contributed to the mother's not having obtained an\n\nabortion.\n\nD. This section shall not preclude causes of action based on\n\nclaims that, but for a wrongful act or omission, maternal death or\n\ninjury would not have occurred, or handicap, disease, or disability\n\nof an individual prior to birth would have been prevented, cured, or\n\nameliorated in a manner that preserved the health and life of the\n\naffected individual.","path":["OK Code","Title 63"],"source_url":"https://www.oklegislature.gov/OK_Statutes/CompleteTitles/os63.pdf","current_through":"2026-08-14","vintage":"open-us-law v2026.08, retrieved 2026-09-14","retrieved_at":"2026-09-14T18:32:36Z","sha256":"581bca6b086c592f5f50ac250dbbb97b10903ef22c63d397dfcc4b08544d1827","source_id":"us-ok","stale":false,"prev":"us-ok/okla.-stat.-tit.-63-63-1-741.1","next":"us-ok/okla.-stat.-tit.-63-63-1-741.3"},"notice":"GroundRules: Original legal text. Not legal advice."}