Wrongful life: a misconceived tort

Abstract

Recent advances in prenatal genetic counseling have expanded the scope of malpractice liability. Parents and children have both brought tort actions for negligent prenatal genetic counseling. The child's "wrongful life" claim is a unique and difficult moral and legal issue. This comment examines wrongful life and the parents' "wrongful birth" action, and suggests a model of recovery for wrongful birth that avoids the insoluble problems inherent in a wrongful life claim while providing for the needs of the disabled child.