Dansby v. Thomas Jefferson University Hospital

WIEAND, Judge:

In this action for the wrongful birth of a child, the trial court held that the action was barred by Pennsylvania’s wrongful birth statute, 42 Pa.C.S. § 8305(a), and sustained preliminary objections in the nature of a demurrer to the complaint. On appeal, the plaintiff husband and wife argue, as they did in the trial court, that the statutory ban on actions for wrongful birth is unconstitutional. After careful review, we affirm the order entered by the trial court.

Margery Dansby became pregnant at the age of 40. Her obstetricians, Ellis, Michaelson, McDonald & Associates, P.C.,…