Error Born Tort Liability

Wrongful birth is a new type of cause of action, it mesas that doctors do not perform or negligent performance of duty that checking the baby's genetic diseases and congenital defects. The doctor told pregnant women incorrect information or did not tell any information, leading serious birth defects in babies, so the parents ask doctors to take responsibility. The paper introduces the concept of wrongful birth and U.S. law and Taiwan law requirement the case, then I propose suitable for tort liability to protect the interests of victims under the existing legal framework in China. And then I analyze elements of tort liability, suitable subjects of request right and the range of damages of wrongful birth.