Amends TCA Title 20 and Title 29.

This bill provides that there is no cause of action for:<br /> <br /> (1) Wrongful birth 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; or<br /> <br /> (2) Wrongful life on behalf of any person based on a claim 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.<br /> <br /> For the purposes of this bill, a person will be deemed to be conceived at the moment of fertilization.<br /> <br /> Present law provides that the right of action that a person who dies from injuries received from another, or whose death is caused by the wrongful act, omission, or killing by another, would have had against the wrongdoer, in case death had not ensued, does not abate and is not extinguished by the person's death but passes to the person's surviving spouse or another family member or representative of the person, as specified in present law. For purposes of this provision, present law specifies that “person” include a fetus that was viable at the time of injury, and that a fetus is considered viable if it had achieved a stage of development wherein it could reasonably be expected to be capable of living outside the uterus. This bill rewrites this provision to instead provide that "person" includes an unborn child at any stage of gestation in utero.<br />