LEGAL AND ETHICAL CONTROVERSIES OF WRONGFUL BIRTH AND WRONGFUL LIFE CLAIMS IN REPRODUCTIVE HEALTH

Abstract

The concepts of wrongful birth and wrongful life are controversial legal issues that arise when a child is born as a result of a healthcare provider’s negligence, such as failure to diagnose a condition, provide proper genetic counselling, or perform an abortion. Wrongful birth refers to a claim brought by parents who argue that they were denied the opportunity to prevent the birth of a child, typically due to medical error, while wrongful life is a claim made on behalf of the child, arguing that they should never have been born due to the same type of negligence. The damages in these cases typically revolve around the costs of raising a child with disabilities or other conditions that were not anticipated by the parents. The legal frameworks for such claims vary across jurisdictions, with some courts recognising the right to recover damages, while others reject these claims based on philosophical, ethical, or practical concerns. This paper explores the legal principles, controversies, and ethical implications surrounding these types of claims.