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'Wrongful conception', 'wrongful birth' and 'wrongful life': the first South African cases

S A Strauss1

  • 1University of South Africa.

Medicine and Law
|January 1, 1996
PubMed
Summary

This article examines South African case law on wrongful pregnancy, wrongful birth, and wrongful life claims. It discusses legal developments concerning unwanted births and the rights of parents and children in these unique legal actions.

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Area of Science:

  • Law
  • Medical Malpractice
  • Torts

Background:

  • International case law has established distinct legal actions for specific reproductive negligence scenarios.
  • These actions include "wrongful pregnancy/conception," "wrongful birth," and "wrongful life."
  • These legal categories address claims arising from negligent contraceptive advice, sterilization, abortion, or the birth of a child with disabilities.

Purpose of the Study:

  • To analyze the emergence and development of case law in South Africa concerning wrongful pregnancy, wrongful birth, and wrongful life.
  • To provide an overview of the legal principles and judgments applied in these specific types of claims within the South African jurisdiction.

Main Methods:

  • Review and discussion of South African court judgments delivered within the last seven years.

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  • Analysis of legal precedents and principles established in these landmark cases.

    • Main Results:

    • The article details the first South African judgments addressing wrongful pregnancy, wrongful birth, and wrongful life.
    • It outlines how these internationally recognized legal concepts have been applied and interpreted within the South African legal system.

    Conclusions:

    • South Africa has recently seen the establishment of key legal precedents in reproductive negligence cases.
    • The article highlights the evolving legal landscape for claims involving unwanted or disabled births and the associated damages.