Court Decisions in Wrongful Birth Cases as Possible Discrimination against the Child - Decisiónes Judiciales En Los Casos De Wrongful Birth Como La Posible Discriminación Contra El Niño
2016
Abstract
The term wrongful birth denotes a claim brought by the parents of an unwanted child who had been conceived or born due to medical negligence. Such claims are often dismissed as contradictory to good morals or public order.
However, a neglected question remains; namely, whether the court's decision to award or dismiss damages could constitute discrimination against the child concerned. While the child is not a party to the litigation, it is nevertheless unacceptable for the court not to take into account the effects of its decision on the minor