Indemnity for the Cost of Rearing Wanted Children from Unwanted Pregnancies

Tort Law Review, Vol. 6, pp. 120-124, 1998

5 Pages Posted: 17 May 2006

See all articles by Ian R. Kerr

Ian R. Kerr

University of Ottawa - Common Law Section

Abstract

This article examines how the use of the terms "wrongful pregnancy" and "wrongful birth" in unwanted pregnancy litigation obfuscates, rather than clarifies, the true issues raised in such proceedings. "Wrongful pregnancy" is used to describe tortious circumstances where damages are sought for the cost of raising a child who would not have been born but for a health care provider's mistreatment or mistaken advice; whereas, "wrongful birth" characterises an action commenced by the parent of a child born with injuries stemming from a pre-existing condition. Using the English Court of Appeal case, R. v. Croydon Health Authority, the author highlights that it is incumbent upon legal scholars and the judiciary to employ a consistent terminology that is straightforward and useful.

Keywords: wrongful pregnancy, wrongful birth, unwanted pregnancy litigation

Suggested Citation

Kerr, Ian R., Indemnity for the Cost of Rearing Wanted Children from Unwanted Pregnancies. Tort Law Review, Vol. 6, pp. 120-124, 1998, Available at SSRN: https://ssrn.com/abstract=902452

Ian R. Kerr (Contact Author)

University of Ottawa - Common Law Section ( email )

57 Louis Pasteur Street
Ottawa, K1N 6N5
Canada
613-562-5800 (Phone)

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
84
Abstract Views
855
rank
328,997
PlumX Metrics