Wrongful birth, wrongful life, and wrongful conception

Wrongful Pregnancy

Wrongful birth, Wrongful Life, Wrongful conception

Wrongful pregnancy, wrongful birth, and wrongful life:

Variations in the law between states

The concept of 'wrongful life' sounds horrifying to many legal outsiders, given the idea that it would be 'better that someone had never been born' seems anathema to common notions of decency and humanity. However, such notions as 'wrongful pregnancy,' 'wrongful birth' and 'wrongful life' are ultimately designed to bring justice to families with children with disabilities or women who were treated negligently by the medical system.

A wrongful pregnancy or conception case is a case in which "a healthy but unwanted child is born, following negligent contraceptive advice by a doctor or a negligent sterilization or abortion procedure" (Strauss 1996). The mother or both parents may ask for damages, based upon the costs of raising the child and the pregnancy. Of the three different legal notions, this is perhaps the least controversial.

In the case of a wrongful birth the parents sue on behalf of a child is who was born abnormal or disabled (Strauss 1996). "Wrongful birth means the mother sues other people for being burdened with a disabled child, something she could have avoided. In essence wrongful birth suits are genetic or prenatal malpractice suits tort cases" (Wrongful life/birth suits, 2012, Bioethics and disability). These suits most commonly arise when a doctor fails to inform a parent about a fetus' birth defect or the full severity of the defect. "A 'wrongful life' claim is based on a legal fiction whereby an infant brings a case in which she is understood to be alleging that if it were not for the wrongful conduct of the defendant, the child would never have been born" (Duncan. n.d., 2). For example, a woman in Iowa whose child was born disabled argued that "if the mother had been diagnosed with rubella she would have aborted the child" given that rubella is associated with birth defects (Duncan 4).

The ability to bring up charges in courts of law on these controversial claims varies from state to state, and depends upon the views of the state regarding abortion rights. "No state recognized a wrongful birth cause of action until after Roe v. Wade was decided" (Duncan, n.d., 3). In general, more conservative states with vocal pro-life movements have attempted to quell such lawsuits, given that by definition the cases imply that abortion is a viable option for women, particularly if the woman is faced with bringing a severely disabled child to term. Since 1998 Indiana law has read, thanks to pressures from pro-life groups: "A person may not maintain a cause of action or receive an award of damages on the person's behalf based on the claim that but for the negligent conduct of another, the person would have been aborted" (Duncan, n.d. 5). The concept of 'wrongful birth' and other claims underlines the belief women should have the fullest information possible about a pregnancy, and women should not be forced to carry a fetus to term, based upon ignorance. Pro-life groups wish to discourage doctors from fully informing women of potentially negative consequences of bringing a fetus to term.