Wrongful Birth in UK Law
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Rees v Darlington Memorial Hospital NHS Trust
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The conventional award would not be, and would not be intended to be, compensatory. But it would not be a nominal, let alone a derisory, award. It would afford some measure of recognition of the wrong done. And it would afford a more ample measure of justice than the pure McFarlane rule.
There is no difficulty about causation, whether as a matter of fact or of legal responsibility. The pregnancy and birth of a child are the very things which the defendants are employed to prevent. It is impossible to say that consequential loss falls outside the scope of their duty of care. They are accordingly liable for the normal and foreseeable heads of loss, such as the mother's pain and suffering (and where appropriate loss of earnings) due to the confinement and delivery.
I still regard the proper outcome in all these cases is to award the parents a modest conventional sum by way of general damages, not for the birth of the child, but for the denial of an important aspect of their personal autonomy, viz the right to limit the size of their family. This is an important aspect of human dignity, which is increasingly being regarded as an important human right which should be protected by law. The loss of this right is not an abstract or theoretical one.
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Groom v Selby
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On this basis, it appears to me that this court's earlier decision in Parkinson is dispositive of this appeal. If we go to the battery of tests to which I referred in paragraph 50 of my judgment in that case, the route to the judge's conclusion in this case would be on the following lines:
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McKay v Essex Area Health Authority
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To impose such a duty towards the child would, in my opinion, make a further inroad on the sanctity of human life which would be contrary to public policy.
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McFarlane v Tayside Health Board
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The Federal Court observed that "compensation not only has no detrimental effect on this child, but can be beneficial to it;" see B.S. Markesinis, The German Law of Obligations, Vol.
In my opinion the law must take the birth of a normal, healthy baby to be a blessing, not a detriment. Individuals may choose to regard the balance as unfavourable and take steps to forego the pleasures as well as the responsibilities of parenthood. They are entitled to decide for themselves where their own interests lie. It would be repugnant to its own sense of values to do otherwise. It is morally offensive to regard a normal, healthy baby as more trouble and expense than it is worth.
- Congenital Disabilities (Civil Liability) Act 1976
- Child Abduction and Custody Act 1985
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Police, Public Order and Criminal Justice (Scotland) Act 2006
... ... S-9 ... Liability for wrongful acts of certain persons seconded to the Authority 9 Liability for ... (c) the dates of issue and expiry; ... (d) the name and date of birth given as being those of the passport holder ... (3) After subsection ... ...
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Private International Law (Implementation of Agreements) Act 2020
... ... 2) The Convention applies to children from the moment of their birth until they reach the age of 18 years.(Article 3) The measures referred to ... residence cannot be established.(Article 7) (1) In case of wrongful removal or retention of the child, the authorities of the Contracting ... ...
- Policy Factors In Actions For Wrongful Birth
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Misconceptions about Wrongful Conception
... ... v Hunter [1996] OJ No. 2065 (Ont. Gen. Div.) – muscular dystrophy). They are more straightforward than so-called ‘wrongful birth’ cases, where the claimants decided to have a child, but would have terminated the pregnancy had they known that the foetus was suffering from an ... ...
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Joy to the World! A (Healthy) Child Is Born! Reconceptualizing Harm in Wrongful Conception
The wrongful conception action holds both a troubled past and future. As a response to rapid technological advancement in the area of reproduction, this action has int...... ... Area Health Authority [1983], Jupp J denied damages under this head on the grounds of public policy, observing inter alia, that the birth of a child ‘is a blessing and an occasion for rejoicing’ (at 531). Although not repudiating the ‘child as a blessing’, Udale was soon ... ...
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Neil MacCormick, RHETORIC AND THE RULE OF LAW: A THEORY OF LEGAL REASONING Oxford: Oxford University Press (www.oup.co.uk), 2005. xvi and 287 pp. ISBN 9780198268789. £49.95.
... ... , joint and several liability, vicarious liability and damages for wrongful birth, the House has reached decisions which would not be the “right” ... ...
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Wrongful birth: Provision of information about genetic risks (UK)
Yesterday saw the publication of the long awaited judgment in ABC v St George’s Healthcare NHS Trust & Ors [2020] EWHC 455 (QB), which is available on BAILII. At an early stage in the proceedings, ...
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Wrongful birth scope of duty / causation: Khan v Meadows (UKSC).
Khan v Meadows [2021] UKSC 21 (available on BAILII) saw all members of the Court agree that the appeal should be dismissed, though three judgments were written as noted below. The main judgment was...
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Doctor/Patient confidentiality and failure to disclose genetic risk of Huntington’s Disease (UK)
A pregnant woman in the UK has sued a hospital and mental facility for failing to inform her that she had, through her father, a high risk of suffering from Huntington’s disease. Huntington’s Disea...
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Clyde & Co Successfully Defend Claim For Failure To Insert Contraceptive Implant
... ... The Claimant subsequently fell pregnant and gave birth to a healthy child. A claim was brought for wrongful birth and consequent ... ...
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Provide supplemental information when making or responding to allegations of harm and domestic violence
Standard directions forms under the Children Act.... ... Name of child(ren) ... Date of birth ... Relationship to you ... C1A Allegations of harm and domestic violence ... ‘Child abduction’ is the wrongful removal of a child ... from any person having, or entitled to, lawful ... ...
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Apply to become someone's deputy (make a declaration)
Court of Protection forms including the COP1 application to make decisions on someone's behalf.... ... (including ... Telephone no ... E-mail address ... Date of birth ... What is your connection to the person to whom the application relates? ... or section 214 (wrongful trading) of the Insolvency Act 1986? ... If Yes, please provide details ... ...