wrongful birth

Wrongful birth is a legal claim brought by parents against a physician or healthcare provider. This claim arises when alleged negligence, such as a failure to diagnose a birth defect, deprives parents of the informed choice to terminate a pregnancy.1

The concept of wrongful birth emerged in the United States around the early 1970s and later in Europe. These cases can stem from a failed sterilization procedure or a missed diagnosis of a condition like rubella during pregnancy, resulting in the birth of an unplanned child, who may have health impairments. While courts have largely rejected claims brought by the child (wrongful life), they are increasingly willing to award damages to parents for the costs and suffering associated with a wrongful birth.2