On The Legal Relief Of "Wrong Birth"

As there is no requirement corresponding law to regulate wrongful birth cases, theoretical study of law is relatively weak,so lead to different verdicts in judicial practice are different for these cases based on different legal basis and elaborate different legal reasons.This paper refers to a case,through learning two legal system,combine with our national condition,focuses on what remedies should be applied to the wrong mode of birth, the right to subject, the object and scope of damages analysis.Try to establish the competition and cooperation of liability for tort and liability for breach of contract. Find recommended Wrongful Birth applicable tort law remedies model is more appropriate.Through born on the wrong concepts and compare the main claims to draw the wrong birth defects in children should parents; physicians due to fault of negligence violated parents’ right to know pregnant; the scope of damages, including the treatment of specific defects in children needed special support payments, So parents and mental suffering damages should enjoy the range of damages may be appropriate relief in accordance with exemptions medical institutions, and recommended to build medical liability insurance relief system to give birth to remedy defects in children of the family.