Exploring The Basis Of The Claim For Improper Birth Claims

Wrongful birth lawsuit refers to a new type of civil lawsuit that the medical institution failed to provide information on the congenital defects of the fetus to the pregnant woman due to negligence during the prenatal examination process of the pregnant woman.After the child is born,both parents claim the economic compensation to the medical institution.Due to the blank of legislation and the lack of guiding cases,the judgment of Chinese courts on such cases is extremely inconsistent.From the perspective of comparative law,various countries gradually recognized the claim of compensation for the parents of defective children in judicial practice.The United States bases its claim on tortious liability and Germany and Taiwan on the basis of responsibility on breach of contract.Our country should put forward the guiding case for the law of wrongful birth as soon as possible,taking tort liability as the basis of the right of claim and defining the scope of compensation.In such cases,the freedom of parents' personality has been violated,resulting in special treatment of child with defects,expenditure on education and mental suffering,which should be compensated for.