Top Kansas court upholds law barring ‘wrongful birth’ suits

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A judge’s gavel is shown in a file photo. (Credit: iStock / Getty Images Plus)

TOPEKA, Kan. (AP) — Kansas’ highest court has upheld a law barring so-called wrongful birth lawsuits against doctors, in a case in which a couple sued because they weren’t told of serious fetal defects until after an abortion could have been obtained.

The state Supreme Court ruled Friday against the parents of a girl born with a severe brain abnormality who said they would have opted for an abortion had they known of her medical problems months before her May 2014 birth. The doctor argued that their lawsuit was barred by the law against wrongful birth lawsuits.

It was enacted in 2013 by the Republican-controlled Legislature and under GOP Gov. Sam Brownback at the urging of abortion opponents.

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