Pennsylvania § 8305 - Actions for wrongful birth and wrongful life.
Full text of Pennsylvania Pennsylvania Consolidated Statutes § 8305 — Actions for wrongful birth and wrongful life., with citation guidance and answers to common questions.
§ 8305. Actions for wrongful birth and wrongful life.
(a) Wrongful birth.--There shall be no cause of action or award of damages on behalf of any person based on a claim that, but for an act or omission of the defendant, a person once conceived would not or should not have been born. Nothing contained in this subsection shall be construed to prohibit any cause of action or award of damages for the wrongful death of a woman, or on account of physical injury suffered by a woman or a child, as a result of an attempted abortion. Nothing contained in this subsection shall be construed to provide a defense against any proceeding charging a health care practitioner with intentional misrepresentation under the act of October 5, 1978 (P.L.1109, No.261), known as the Osteopathic Medical Practice Act, the act of December 20, 1985 (P.L.457, No.112), known as the Medical Practice Act of 1985, or any other act regulating the professional practices of health care practitioners.
(b) Wrongful life.--There shall be no cause of action on behalf of any person based on a claim of that person that, but for an act or omission of the defendant, the person would not have been conceived or, once conceived, would or should have been aborted.
(c) Conception.--A person shall be deemed to be conceived at the moment of fertilization.
(Apr. 13, 1988, P.L.336, No.47, eff. imd.)
1988 Amendment. Act 47 added section 8305. Section 7 of Act 47 provided that section 8305 shall not apply to any case in which a final award of damages has been made and with regard to which the time to take an appeal has expired without an appeal being taken. Section 8 of Act 47 provided that, except as provided in section 2 of Act 47, which added section 8305, section 8305 shall have retroactive effect, including application to any case pending or on appeal.
Source: official Pennsylvania text · Last verified 2026-08-27
Frequently Asked Questions About Pennsylvania § 8305
What does Pennsylvania Consolidated Statutes § 8305 cover?
Section 8305 ("Actions for wrongful birth and wrongful life.") is part of the Pennsylvania Consolidated Statutes, the codified statutory law of Pennsylvania. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Pennsylvania § 8305?
A common citation format is "Pennsylvania Consolidated Statutes § 8305" (Pennsylvania). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Pennsylvania law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Pennsylvania official source linked on this page or consult a licensed Pennsylvania attorney.
How does Pennsylvania § 8305 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Pennsylvania can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Pennsylvania.