Court upholds Kansas law banning 'wrongful birth' lawsuits

Appeals court ruling

June 18, 2018 - 2:10 pm

An appeals court has ruled that a Kansas law prohibiting lawsuits based on "wrongful birth" claims is constitutional.

The Kansas Court of Appeals ruled on the law protecting doctors from malpractice suits if they withhold or fail to provide information about fetal abnormalities that might cause the mother to get an abortion. The measure was signed into law by then-Gov. Sam Brownback in 2013.

The case was brought by Alysia R. Tillman and Storm Fleetwood, whose daughter was born with severe brain defects. They sued their doctor, claiming her failure to make a correct diagnosis denied them the right to make an informed decision on whether to terminate the pregnancy.


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