"wrongful Birth" V. Research

"Wrongful Birth"is a concept in the American Tort Law, which is the fact of mainly because doctor's negligence not to diagnose embryo's latent birth defect or not to be most unreasonable duty of disclosure to his/her parents to cause the child of physical disabilities to be born. In view of this fact the lawsuit which mentions by the parents of physical disabilities is"Wrongful Birth"suing."Wrongful Birth"lawsuit most starts to appear in the 1960s's US, along with the medicine progress,"Wrongful Birth"lawsuit also starts appear in other countries and the area. As a result of the difference of each national law tradition's, this case the widespread dispute in the worldwide scale, the focal point lies in: the basis for right of claim, the subject of claim and the compensation scope of"Wrongful Birth"lawsuit. In our country, because does not have the corresponding laws, the court has not formed the unified viewpoint regarding this kind of cases, some courts have not supported the claim of the plaintiff; the decisions which supports the plaintiffs have the difference in the basis for right of claim: the responsibility of breaking contract or tort liability ,and the ruling is also various. Therefore, it has the important meaning to this kind of case focal point question's research. This article is mainly divided three parts:The first part is the outline of"Wrongful Birth"lawsuit, after analyzed the similar concepts the article introduced the development process of"Wrongful Birth"lawsuit;The second part has analyzed the of"Wrongful Birth"lawsuit from the comparative law, and obtains author's viewpoint: the plaintiff's basis for right claim must be the responsibility of breaking contract;The third part has analyzed what civil compensation responsibility the accused should be undertaking in the"Wrongful Birth"lawsuit from two aspects which are the limits of subject of claim and the compensation scope.