Articles

Defending Against Wrongful Birth and Wrongful Life Claims

October 1, 2003
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This article will first distinguish between wrongful birth and wrongful life claims. Next, the development of the two legal theories as well as how various jurisdictions have permitted, limited, or rejected the birth-related tort claims will be addressed. Third, technology and its effect on parental rights will be discussed in the context of the Miller case now before the Texas Supreme Court. Fourth, Montalvo and its limiting effect on wrongful birth and wrongful life claims will be discussed. Finally, this article will conclude with recommendations in preventing claims of wrongful birth and wrongful life.

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