What is a wrongful birth claim?
A wrongful birth claim is brought by parents against a provider whose negligence — usually a failed prenatal test, missed genetic condition, or inadequate counselling — deprived them of the informed choice to avoid or terminate the pregnancy. The child is born with a disability that proper care would have detected.
How is wrongful birth different from wrongful life?
Wrongful birth is the parents' claim for their losses. Wrongful life is the child's own claim that they should never have been born. Most jurisdictions recognize wrongful birth but reject wrongful life, reasoning that non-existence cannot be compared to an impaired existence.
What damages can parents recover?
Recovery is generally limited to the EXTRAORDINARY costs — the added medical, care, and educational expenses attributable to the disability — not the ordinary costs of raising any child. Some jurisdictions also allow the parents' emotional distress, and a few offset the award by the intangible benefits of parenthood.
Is wrongful birth recognized everywhere?
No. Canada recognizes wrongful birth. In the US, recognition varies sharply by state — many allow it, but several bar it by statute or case law. The available damages and any benefit offset also differ by jurisdiction, so local advice is essential.