The Civil Liability Of "Wrongful Birth"

Most parents, To have a healthy and smart baby Is their greatest wish。Most pregnant women do prenatal care in specialized medical institutions。Their aim is to check whether their children healthy and the presence of birth defects。Parents decide whether they want to fetus born or termination of pregnancy according to the report of the prenatal care。However, the accuracy of prenatal care is largely dependent on the expertise and degree of responsibility for prenatal care doctor. The family is likely to have a defective child. Once the doctor is negligent, it happens to babies have defectsAt this point, the parents go to court proceedings, request the hospital liable for damages, in such cases is a typical case of "error born"In recent years,"Error birth" cases appeared frequently, and our law is lagging behind. China’s relevant law is only the People’s Republic of China on Maternal and Child Health Law (hereinafter referred to as the "Maternal and Infant Health Care Law") and Individual provisions of the "tort law". Shall not detail, In particular, the legal responsibility is not clearly stated. Therefore, the judges verdict in such cases vary widely in judicial practice.Visible, it is necessary to do in-depth study on the "error born of such cases. Such cases are not only related to law, but also closely related to the ethics of life and China’s current policy. Therefore, this article discusses the legal basis for "error-born" case. at the same time explore the combination of Bioethics and China’s family planning policy. Hope that the legal relationship to distinguish clearly the same time help to resolve such disputes...