# 42 Pa.C.S. § 8306: Defense against claim for injury sustained in utero barred

> Pennsylvania · Statutes · In force

URL: https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306

## Section

- **Citation:** 42 Pa.C.S. § 8306
- **Heading:** Defense against claim for injury sustained in utero barred
- **Jurisdiction:** Pennsylvania
- **Kind:** Statutes
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** PA Code / Title 42 / Chapter 83 / Section 8306

## Text

Where a person has, by reason of the wrongful act or negligence of another, sustained injury while in utero, it shall not be a defense to any action brought to recover damages for the injury, or a factor in mitigation of damages, that the person could or should have been aborted. (Apr. 13, 1988, P.L.336, No.47, eff. imd.) 1988 Amendment. Act 47 added section 8306. Section 7 of Act 47 provided that section 8306 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 8306, section 8306 shall have retroactive effect, including application to any case pending or on appeal.

## Nearby sections

- [42 Pa.C.S. § 8301 Death action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8301.md)
- [42 Pa.C.S. § 8302 Survival action.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8302.md)
- [42 Pa.C.S. § 8303 Action for performance of a duty required by law.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8303.md)
- [42 Pa.C.S. § 8304 Damages in actions on bad checks.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8304.md)
- [42 Pa.C.S. § 8305 Actions for wrongful birth and wrongful life.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8305.md)
- [42 Pa.C.S. § 8306 Defense against claim for injury sustained in utero barred.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306.md)
- [42 Pa.C.S. § 8307 Action by parent, guardian or other custodian for damages in the sale or transfer of controlled substances to a child.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8307.md)
- [42 Pa.C.S. § 8308 Damages in actions on retail theft.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8308.md)
- [42 Pa.C.S. § 8309 Civil rights violations.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8309.md)
- [42 Pa.C.S. § 8310 Damages in actions on thefts of leased property.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8310.md)
- [42 Pa.C.S. § 8311 Damages in actions for conversion of timber.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8311.md)
- [42 Pa.C.S. § 8312 Profits received as a result of commission of crime.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8312.md)
- [42 Pa.C.S. § 8313 Agricultural crop destruction.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8313.md)
- [42 Pa.C.S. § 8314 Assault with biological agent on animal, fowl or honey bees.](https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8314.md)

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Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/STATE_PA_T42_C83_S8306. Check the current official text before relying on it. Not legal advice.