Amendment ASA3-AB360

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2001 - 2002 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 3, TO 2001 ASSEMBLY BILL 360

January 16, 2002 - Offered by Representative Kedzie.

AB360-ASA3,1,2 An Act to create 895.68 of the statutes; relating to: recovery in cases involving wrongful birth or wrongful life.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB360-ASA3, s. 1 Section 1. 895.68 of the statutes is created to read:

AB360-ASA3,1,5 895.68 Limit on recovery; wrongful birth and wrongful life. (1) In this section:

AB360-ASA3,1,6 (a) "Abortion" has the meaning given in s. 253.10 (2) (a).

AB360-ASA3,1,11 (b) "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, seeks economic or noneconomic damages resulting from a condition of the child that existed at the time of the child's birth, and is based on a claim that a person's act or omission contributed to the mother's decision not to undergo an abortion.

AB360-ASA3,2,5 (c) "Wrongful life action" means a cause of action that is brought by or on behalf of a child, seeks the child's economic or noneconomic damages resulting from a condition of the child that existed at the time of the child's birth, and is based on a claim that a person's act or omission contributed to the mother's decision not to undergo an abortion.

AB360-ASA3,2,9 (2) In a wrongful birth action or a wrongful life action, no person may recover damages from another person resulting from any condition that existed at the time of a child's birth if that other person's negligent act or omission contributed to the mother's decision not to undergo an abortion.

AB360-ASA3,2,10 (End)