Topic
Wrongful Birth
38 published works
Family Law Prof Blog
US woman sues after carrying wrong baby in IVF error
By Family Law
From BBC: A US woman who unknowingly carried and delivered a baby boy who was not biologically hers is launching legal proceedings against an IVF clinic over the mix-up, after being…
TortsProf Blog
Magliocca on Dobbs and Wrongful Birth Actions
At Prawfsblawg, Gerard Magliocca discusses the effects of Dobbs on wrongful birth actions.
PrawfsBlawg
Wrongful Birth Actions
Main Saturday, August 06, 2022Wrongful Birth ActionsDobbs will have many ripple effects in law and jurisprudence, and I thought I'd talk about one that comes up when I teach Torts.…
Bill Madden's Blog
Medical: Wrongful birth claim limitation issues (Victoria).
By Bill Madden
Moore v Escott [2022] VSC 353 (on JADE). In this matter the court was required to consider Victorian limitation legislation, in respect of a wrongful birth claim brought by the…
Family Law Prof Blog
California Couple Sue Clinic For Alleged IVF Swap ‘horror’
By Family Law
From BBC News:Daphna and Alexander Cardinale say they gave birth in September 2019 to a girl that looked nothing like them. After a DNA test, they found the couple that…
Bill Madden's Blog
Wrongful birth damages (Western Australia)
By Bill Madden
With thanks to Phil Gleeson for drawing my attention to O’Loughlin v McCallum [2021] WADC 77 (available on Austlii), a wrongful birth claim in which breach of duty was admitted…
UK Human Rights Blog
Supreme Court Revisits Wrongful Birth Claims: an extended look — Robert Kellar QC and Owain Thomas QC
In Khan v. Meadows [2021] UKSC 21 the Supreme Court has revisited the principles to be applied in “wrongful birth” claims: claims for the cost of bringing up a disabled…
Expert Institute Insights
Court Finds Kansas Law Banning Wrongful Birth Lawsuits Is Constitutional
On April 30, 2021, the Kansas Supreme court handed down a decision upholding a ban against wrongful birth lawsuits aimed at practitioners. The decision affirms lower courts’ verdicts against a…
UK Human Rights Blog
“Wrongful Life” Revisited
In Evie Toombes v. Dr. Philip Mitchell [2020] EWHC 3506 the High Court has given renewed consideration to claims for, so called, “wrongful life”. Can a disabled person ever claim…
Bill Madden's Blog
Wrongful birth: Failed sterilisation.
By Bill Madden
With thanks to Tim Cummings for drawing my attention to Lee (a pseudonym) v Dhupar [2020] NSWSC 717 available on Caselaw. An order was made prohibiting the publication or other…