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Published on: July 31, 2021
Wrongful birth in New Zealand
1Faculty of Law, The University of Auckland. r.tobin@auckland.ac.nz
Abstract:
Wrongful birth cases have been a feature of the common law. In this article the author examines wrongful birth cases against the background of the New Zealand accident compensation scheme. Initially cases were accepted under the scheme, but after major changes to the legislation in 1992, wrongful birth cases were declined cover. The author argues that this should continue to be the case, and that, as a result, New Zealand courts will have to make the same policy decisions in this area as those made by other Commonwealth courts.
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