Why wrongful birth actions are right

Dimopoulos, Penny and Bagaric, Mirko 2003, Why wrongful birth actions are right, Journal of law and medicine, vol. 11, no. 2, pp. 230-238.

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Title Why wrongful birth actions are right
Author(s) Dimopoulos, Penny
Bagaric, Mirko
Journal name Journal of law and medicine
Volume number 11
Issue number 2
Start page 230
End page 238
Publisher Lawbook Co.
Place of publication North Ryde, N.S.W.
Publication date 2003
ISSN 1320-159X
Summary A wrongful birth action is a claim in negligence brought by parents of a child against a doctor who has "wrongfully" caused their child to be born. These claims can be divided into two categories: those where a doctor performs a failed sterilisation procedure that leads to a healthy child being born; and those where a doctor fails to provide sufficient information to allow parents to choose to abort a handicapped child. The recent decision of the High Court of Australia in Cattanach v Melchior (2003) 77 ALJR 1312 falls into the former category. The decision to allow the parents to receive damages for the costs of raising and maintaining their child has generated much public debate. Despite the endorsement of this "wrongful birth" action, there are indications that the legislature will overturn the decision. This article examines whether there is a sound doctrinal basis for recognising wrongful birth actions.
Language eng
Field of Research 180119 Law and Society
HERDC Research category C1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2003, Lawbook Co
Persistent URL http://hdl.handle.net/10536/DRO/DU:30008598

Document type: Journal Article
Collection: School of Law
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