Damages for Pecuniary Loss in Cases of Wrongful Birth

Abstract

In this article, a comparative examination is made of the award of damages for pecuniary losses in cases of wrongful birth, such category including claims in respect of both healthy as well as disabled children. It is argued that such claims do not necessarily infringe the sanctity of human life, so long as it is the economic harm occasioned to parents by the birth of the child which is conceived of as the relevant harm rather than the birth of the child. Further jurisdictional harmonisation in this field, which is already more evident in respect of disabled children than healthy children, will depend upon a common understanding of the nature of the harm in question, as well as a willingness to find solutions to questions of the attribution of responsibility for harm discussed in the article.