Cystic fibrosis causes sticky mucus buildup in the lungs and other organs, leading to infections, digestive problems and death in young adulthood. The typical life expectancy is about 37 years, according to the Cystic Fibrosis Foundation.

Gary E. Marchant, an Arizona State University law professor who specializes in genetics laws, earlier this month said nine states bar both "wrongful life" and "wrongful birth" lawsuits. There have been about a hundred such lawsuits nationwide, including a few in Arizona, said Marchant, who recently did a study on the subject.

Many cases involve a doctor failing to share or properly communicate the results of prenatal screenings or risk factors to parents, he said. Those screenings can test for conditions such as cystic fibrosis or Down syndrome, Marchant said.

The couple said that genetic testing Kerrie Evans, 38, underwent in the first trimester determined the fetus did not have chromosomal abnormalities. They said that same test could have discovered cystic fibrosis, but the analysis was never done.

The lawsuit states that Kerrie Evans told Scanson "that she and her husband, Joe, had already had the most private of discussions about terminating the pregnancy in the event the fetus tested positive for serious fetal abnormalities."