Wrongful disturbance of reproductive planning: Is there a case for liability?

Abstract

This article analyses claims involving parental allegations pertaining to the features their children were born with in violation of the express requests they made when they used reproductive procedures. This kind of claim, encouraged by the development of reproductive techniques and their associated procedures, has until now found little support in the courts. However, the increased level of precision of the scientific procedures used in reproduction, the amplified range of services provided by reproductive clinics, and the level of success they guarantee to service recipients might lead to a different judicial outcome. The author examines several court cases that involve incidents of this nature and suggests the conceptualization of a differentiated claim titled ‘wrongful disturbance of reproductive planning’.