Abstract
Wrongful birth/life actions are innovative legal theories that have developed, at least in part, as a response to scientific advances in the field of contraception, sterilization and genetic testing and counseling. Although wrongful life suits continue to be viewed disfavorably in most jurisdictions, recent recognition of the cause of action by a few courts indicates that the theory may enjoy increasing judicial acceptance. It is suggested that dismissal of wrongful life suits as a matter of law is improper in many cases. Instead, such claims should be reviewed by a jury. Utilization of the "benefits" rule in determining damages will allow rejection of unworthy claims while permitting compensation in meritorious cases. In contrast, wrongful birth actions have achieved wider judicial approval, and courts allowing such claims typically base their acceptance on the United States Supreme Court decisions enunciating the right of procreative decisional autonomy.
Recommended Citation
Topham, William Shane
(1984)
"Wrongful Birth and Wrongful Life: Analysisof the Causes of Action and the Impactof Utah's Statutory Breakwater,"
Utah Law Review: Vol. 1984:
No.
4, Article 5.
Available at:
https://dc.law.utah.edu/ulr/vol1984/iss4/5