In general, a wrongful pregnancy action is a lawsuit brought by the parents of a healthy but unexpected, unplanned, or unwanted child, against a medical provider for negligence leading to conception or pregnancy.

The claim usually arises after a negligently performed sterilization procedure. Such claims have also been predicated on the failure to properly diagnose a pregnancy or perform an abortion; negligence in the insertion or removal of an intrauterine birth-control device, or in dispensing contraception prescriptions; or the failure of a contraceptive pill or a condom.

Laws vary from state to state and not all states recognize a wrongful pregnancy claim or cause of action.

In Montana, wrongful pregnancy actions, also known as wrongful conception lawsuits, are recognized to some extent. These claims are typically brought by parents who have an unplanned or unwanted child due to the alleged negligence of a medical provider, such as a failed sterilization procedure or a mistake in prescribing or administering birth control. Montana law allows for the recovery of damages in such cases, which may include the costs of the unsuccessful sterilization, the pregnancy, childbirth, and sometimes the costs of raising the child. However, the Montana Supreme Court has held that the benefits of having a healthy child may be considered in offsetting the damages awarded. It is important to note that the specifics of these cases can be complex and the recognition of such claims can evolve, so consulting with an attorney for the most current and applicable legal advice is recommended.