Study Of Civil Compensation Wrongful Birth

"Wrongful Birth" is a conception from American law, it is said that because ofnegligence of the medical institutions and their staff, the pregnant women didn’tintervene timely, birth defects children. Parents sued for the action and claimed thedamages, this kind of case is called "Wrongful birth sued in the civil law". This paperthrough the analysis of specific cases,summed up the main disputes of this kind ofcase,distinguished the related conceptions.This paper write that because of the thecorresponding fault of the medical institutions, Wrongful birth had been caused,theyshould bear the corresponding responsibility. The law should provide protection in theprocess of the relief seek to right. This paper through the method of comparison and thecomprehensive analysis of the typical countries and regions about the remedies ofwrongful birth sued in the civil law, summed up the problems at present in our Countryon the law to protect the wrongful birth, such as the concept not clear, as well as theavailability of moral compensation. This paper argues that China needs to improve thewrongful birth compensation on civil law, including the conception, clear thewrongful birth nature of liability and scope of compensation about the wrongful birth,especially the compensation for moral damage. In this paper, the author hopes topromote legal remedies for civil compensation in our Country.