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Wrongful birth in New Zealand.

Rosemary Tobin1

  • 1Faculty of Law, The University of Auckland. r.tobin@auckland.ac.nz

Journal of Law and Medicine
|March 10, 2005
PubMed
Summary

New Zealand

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Unwanted pregnancy: The outer boundary of "treatment injury" in the New Zealand accident compensation scheme.

Journal of law and medicineยท2015
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Area of Science:

  • Legal Studies
  • Medical Law
  • Tort Law

Background:

  • Wrongful birth cases have historically been recognized within common law jurisdictions.
  • The New Zealand accident compensation scheme initially provided cover for such cases.
  • Significant legislative changes in 1992 altered the scheme's coverage for wrongful birth claims.

Purpose of the Study:

  • To examine the treatment of wrongful birth cases within the New Zealand accident compensation framework.
  • To analyze the impact of legislative amendments on the eligibility of wrongful birth claims.
  • To argue for the continued exclusion of wrongful birth cases from the New Zealand accident compensation scheme.

Main Methods:

  • Analysis of common law principles related to wrongful birth.
  • Review of New Zealand legislation concerning the accident compensation scheme.
  • Comparative analysis of case law from other Commonwealth jurisdictions.

Main Results:

  • Wrongful birth cases were initially accepted under the New Zealand accident compensation scheme.
  • Post-1992 legislative changes led to the decline of cover for wrongful birth cases.
  • The author contends that this exclusion should be maintained.

Conclusions:

  • New Zealand courts are increasingly required to address policy decisions regarding wrongful birth claims.
  • The approach taken by other Commonwealth courts in similar matters provides a precedent.
  • Continued exclusion from the accident compensation scheme necessitates judicial policy determination in wrongful birth litigation.

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