Today the Pa Supreme Court reinstated a Montgomery County Court of Common Pleas decision and reversed a Pa Superior Court decision in a Wrongful Birth case.
The Lower Court granted Preliminary Objections and dismissed the lawsuit based upon a 1988 statute that precluded causes of action for wrongful birth and wrongful life. The Pa Superior Court reversed finding that the statute – Act 47 of 1988 – was unconstitutional since it violated the single-subject rule. The Pa Superior Court then struck the portion of the Statute which precluded lawsuits for wrongful birth and wrongful life. The Pa Superior Court then reinstated the lawsuit.
On appeal to the PA Supreme Court the Court did not address whether the statute violated the single-subject rule. The Court in dicta did state that if it violate the single-subject rule that it was improper for the Pa Superior Court to strike a portion of the statute. Rather the entire statute is to be stricken. The Court found that based upon the passage of time – 22 years from enactment of the statute – that the statute was immune from attack.
Accordingly, the Pa Supreme Court reversed the Pa Superior Court and reinstated the Montgomery County Court of Common Pleas order granting the Preliminary Objections to the Complaint.
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