Every Child is a Blessing Act of 2017

Every Child is a Blessing Act of 2017

This bill prohibits recovery of damages in certain civil actions based on a claim that, but for the conduct of the defendant, a child, once conceived, would not or should not have been born.

The prohibition applies to claims based on a child's disability, defect, abnormality, race, sex, or other inborn characteristic.

The bill bars such prohibition from being construed to: (1) provide a defense against charges of intentional misrepresentation in state proceedings regulating the professional practices of health care providers and practitioners; (2) provide a defense in any criminal action, including cases of rape or incest; or (3) limit damages in cases where the conduct of the defendant caused personal injury or death to the child or gestational mother.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 684 Introduced in House (IH)]

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115th CONGRESS
  1st Session
                                H. R. 684

To prohibit recovery of damages in certain wrongful birth and wrongful 
              life civil actions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 24, 2017

   Mr. Palazzo (for himself, Mr. Palmer, Mr. Weber of Texas, and Mr. 
   Harper) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To prohibit recovery of damages in certain wrongful birth and wrongful 
              life civil actions, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Every Child is a Blessing Act of 
2017''.

SEC. 2. PROHIBITION OF RECOVERY IN CERTAIN WRONGFUL LIFE AND WRONGFUL 
              BIRTH CIVIL ACTIONS.

    (a) General Rule.--Except as otherwise provided in this section, a 
person may not recover damages in any designated civil action (as 
defined in subsection (d)) based on a claim that, but for the conduct 
of the defendant, a child, once conceived, would not or should not have 
been born.
    (b) Application to Certain Claims.--Subsection (a) applies, among 
others, to a claim based in whole or in part on disability, defect, 
abnormality, race, sex, or other inborn characteristic of the child.
    (c) Rule of Construction.--Subsection (a) shall not be construed--
            (1) to provide a defense against charges of intentional 
        misrepresentation in any proceeding under State law regulating 
        the professional practices of health care providers and 
        practitioners;
            (2) to provide a defense in any criminal action, including 
        cases of rape or incest; or
            (3) to limit the recovery of damages in cases where the 
        conduct of the defendant caused personal injury or death to the 
        child or gestational mother.
    (d) Definitions.--In this section--
            (1) the term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, and any other territory or 
        possession of the United States; and
            (2) the term ``designated civil action'' means a civil 
        action, in Federal or State court--
                    (A) arising under Federal law; or
                    (B) based on a claim involving health care services 
                affecting interstate or foreign commerce.
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