21-55-1      Action or damages for conception or birth prohibited--"Conception" defined.
21-55-2      Action or damages for birth of another prohibited.
21-55-3      Consideration of failure to prevent live birth restricted in actions.
21-55-4      Limited effect of chapter.

21-55-1. Action or damages for conception or birth prohibited--"Conception" defined.

There shall be no cause of action or award of damages on behalf of any person based on the claim of that person that, but for the conduct of another, he would not have been conceived or, once conceived, would not have been permitted to have been born alive. The term "conception," as used in this section, means the fertilization of a human ovum by a human sperm, which occurs when the sperm has penetrated the cell membrane of the ovum.

Source: SL 1981, ch 172, § 1.

21-55-2. Action or damages for birth of another prohibited.

There shall be no cause of action or award of damages on behalf of any person based on the claim that, but for the conduct of another, a person would not have been permitted to have been born alive.

Source: SL 1981, ch 172, § 2.

21-55-3. Consideration of failure to prevent live birth restricted in actions.

The failure or the refusal of any person to prevent the live birth of a person may not be considered in awarding damages or in imposing a penalty in any action. The failure or the refusal of any person to prevent the live birth of a person is not a defense in any action.

Source: SL 1981, ch 172, § 3.

21-55-4. Limited effect of chapter.

The provisions of this chapter do not prohibit a cause of action or the awarding of damages, except as specifically provided in this chapter, by or on behalf of any person based on the claim that a person is liable for injury caused by such person's willful acts or caused by such person's want of ordinary care or skill.

Source: SL 1981, ch 172, § 4.