Legal Consideration Of Wrongful Birth

Medical personnel for failing to perform the duty ofinforming, causepregnant women who constitute a wrongful birth of children withdisabilities, disabled children is the wrong parents eugenic selection.Wrongfulbirth not only cause parents raising a child with a disability is nota normal, healthychild economic burden more, but also to cause greatpain, medicalinstitutions, its spirit, failed to properly deal with the obligation leads to errors offertility and shall bear the corresponding compensation liability. Is generally believedthat the wrongful birth tort law applies to safeguard their legitimate rights andinterests of justice theory and the judicial practice, but generally, wrongful birth onthe reproductive choices of autonomous, independent elements of reproductive rightsare personal rights, shall be protected by law. In this regard, analysis of thewrongfulbirth claim theory, mainly responsible for determining thecompensation for wrongfulbirth according to the scope, compensation and claim of wrongful birth. In recentyears, Chinese has a wrongful birthcase, because of the lack of legal definition, alocal court verdict isdifferent, so the treatment of such cases of wrongfulbirth investigationresponsibility is of great practical significance.In this paper, through the analysis of typical cases of wrongful birth,wrongfulbirth thelegal thinking. The wrongful birth significance andhistorical developmentexperience, breach of contract, the claim ofwrongful birth right from two differentangles of analysisfoundation infringement, wrongful birth should be tortas’s claim isbased on a more reasonable, more conducive to safeguarding the legitimate rights andinterests of the right to appeal. Analysis and judgment of wrongfulbirthstandard, medical negligence, which helps infants with congenital birth defects todetermine whether improper violations. The wrongful birthsystem in our country isstill not perfect, and puts forward some suggestions to the qualification ofthe definition of compensation,limitation of rights, proper, but in order to supplementthe beneficialtorange to construct scientific, reasonable wrongful birth system.