The Study On The Civil Law Liability Of Wrongful Birth

Parents’ biggest expectation is having a healthy and smart kids and give their most concern in their process of growth. With the development of social economy and the improvement of people’s living standards and ideas. Most parents will go to Penetration care hospital for checking antenatal fetal health. Thanks to the trust in expertise of medical institutions, Parents can get different diagnostic information from the hospital and make a different fertility choice. If fetuses were detected to have congenital or developmental defects, parents would choose in the form of abortion not to give a birth to baby. But, in the act of antenatal examination, the hospital physicians have fault detection of fetal defects or not detect the fetus who has congenital defects but not tell pregnant woman the true information, so that lead to the birth of crippled child. At this point, the crippled child’s parents appeal to the court for civil liability for compensation. This kind of legal disputes is the case of wrongful birth.In recent years, the case of wrongful birth appeared frequently, because of the particularity of the case, the existence of its civil liability, the right to claim subject and the scope of compensation haven’t been make out a clear regulation of the law. It’s very difficult to make a judgment in the concrete judicial practice. Therefore, it is necessary to do in-depth researches for the case of wrongful birth. This article is divided into five parts to introduce:The first part is starting from the concept of the wrongful birth. It points out that the original history of the case of wrongful birth and compares the wrongful birth with wrongful life, wrongful pregnancy, wrongful have and medical negligence, defines further the concept and legal nature of wrongful birth. The second part expounds the legal basis of the existence of civil liability like this kind of cases, analyzes the negated religious legal theory of civil liability of the case of wrongful birth, points out that the content of the law of life is the legal basis of the existence of civil liability in the case of wrongful birth, then from the legal basis to the civil law, abstract to concreteness to demonstrate the rationality of the existence of civil liability. The third part leads to the basis of civil liability claims of wrongful birth. From such cases of judicial practice outside, detailing the development of the case of wrongful birth from negating to affirming its existence of civil liability. Points out that the trend of the development of the civil compensation is tend to victims’ legal interests. The basis of analyzing the right of claim is breach of contract and tort liability claims. And that tort liability claims is more in favor of the protection of the victim. The fourth part points out the right to claim subject of wrongful birth is fetal parents because of the fertility rights are violated except the crippled child. The fifth part analyzes the scope of compensation for damages of the case of wrongful birth, property compensation include health care cost, care cost, special educational expense and general maintenance, the mental compensation include compensation for mental interests and mental compensation for pain and suffering. points out unlimited compensation harmful to medical environment and puts forward suggestions for its proper limits.