'Wrongful Life' in the Age of CRISPR-CAS: Using the Legal Fiction of the Conceptual Being to Redress Wrongful Gamete Manipulation
47 Pages Posted: 26 Feb 2019 Last revised: 1 Apr 2019
Date Written: February 12, 2019
Virtually all wrongful life claims (those brought by children harmed prior to gestation), are denied. The basis for these holdings pivots around refusal to allow recompense for actions which result in the child’s being born, an offshoot of cases where parents are denied the right of abortion. We therefore are faced with a legal lacuna, where children suffering serious harms as a result of wrongful genetic manipulation (WGM) caused by the latest reproductive technologies are legal orphans. This article details avenues of potential harm generated by the latest technologies before proceeding to create a legal fiction, “the conceptual being” which would enable these children to bypass current restrictions and claim an expanded class of damages, including pain and suffering, emotional injury and unjust enrichment.
Keywords: PGT, PGD, PGS, Crispr, Crispr-Cas, Wrongful Life, Wrongful Birth, genetic harm, negligence
JEL Classification: I18, K40, K41
Suggested Citation: Suggested Citation