Case Analysis On A Prenatal Diagnosis Dispute

With the rapid development of gene technology, It’s possible to discern thephysical condition of fetus through the prenatal-diagnosis for human. This willundoubtedly improve the level of fertility gospel, but it also brings new legal issues,and the new litigations appear in practice circle. Half a century ago, the AmericanLaw presented "wrongful birth" and "wrongful life" concept. Attitude for wrongfulbirth and wrongful life, national courts experienced a negative start to a positivedevelopment in the process. At present, more and more national courts tend to supportliability for wrongful birth.In recent years, wrongful birth and wrongful life cases arealso emerging in China’s judiciary. Existing laws and regulations does not corresponddirectly with the requirements of both cases, various regions courts often makedifferent verdicts. This affects not only on the authority of the law in our country, andalso not conducive to protect the legal rights and interests. In this article, combinedwith a typical case of wrongful birth, wrongful life cases, starting from theperspective of the request right, Analysis of wrongful birth, wrongful life claim mainclaims basis, Comment liability for breach of contract or tort liability choose to apply,to discuss the scope of compensation should be. This paper argues that in cases ofwrongful birth defects, the mother and father of the child the common supportobligations based on, can be used as the main part for request right. Applicableliquidated damages claims or infringement of the rights of claims should decideindependently proposition which claims by parties a comprehensive forensicsdifficulty, the scope of compensation factors. The scope of compensation claimsshould include both property damage and loss of spirit. Property damage includingspecial support payments paid by the mother of all costs associated with fertilitydefects in children. In cases of wrongful birth due to medical negligence occurs, thefetus does not have the capacity for civil rights, not litigation eligibility body. Thus,the need for social security relief wrongful birth, and not through litigation.