A wrongful birth claim is a difficult and high-emotional-impact legal action filed by parents who assert that a medical provider’s negligence denied them the right to make an informed choice regarding whether to have a child or carry to term a pregnancy with a child having severe congenital or genetic defects. In California, these types of claims are allowed under certain legal standards and might let parents recover damages for medical and emotional harm involved with having a child with special needs.
This article discusses what is considered wrongful birth under the law of California, how it differs from comparable legal actions, the requirements necessary to establish such a case, possible damages, and the legal constraints surrounding it.
What Is a Wrongful Birth Lawsuit?
A wrongful birth lawsuit is typically brought by the parents of a child who was born with a severe genetic disorder, birth defect, or disability. The claim is based on the allegation that a medical professional failed to inform, diagnose, or advise the parents about the risks of conceiving or continuing the pregnancy.
In most cases, parents argue that had they received accurate medical information or proper testing, they would have chosen to avoid conception or terminate the pregnancy, thereby preventing the birth and associated suffering.
These lawsuits are not brought by or on behalf of the child. Instead, they are brought by the parents, based on their right to make informed reproductive decisions.
Wrongful Birth vs. Wrongful Life
It is important to distinguish between wrongful birth and wrongful life:
- Wrongful birth is brought by the parents, claiming they were denied information necessary to make an informed reproductive decision.
- Wrongful life is brought by the child, claiming that but for the doctor’s negligence, they would not have been born to experience life with severe impairments.
California is one of the few states that recognizes both wrongful birth and wrongful life claims, though damages in wrongful life cases are limited.
Legal Grounds for Wrongful Birth in California
Wrongful birth lawsuits in California are typically based on medical malpractice. To succeed, the plaintiffs must prove that the healthcare provider:
- Owed a duty of care to the parents
- Breach that duty by failing to diagnose or disclose a serious condition
- That this failure prevented the parents from making an informed decision
- And that the breach directly resulted in the birth of a child with a serious impairment
This often involves:
- Failure to recommend or conduct prenatal testing (e.g., amniocentesis, ultrasound, genetic screening)
- Misinterpreting test results
- Failing to advise parents of known risks based on family history or maternal age
- Inadequate counseling regarding the consequences of potential conditions
The plaintiff’s decision-making process must be clearly documented, particularly their stated intentions to avoid conception or terminate a pregnancy in the presence of certain findings.
Common Medical Conditions Cited in Wrongful Birth Lawsuits
Conditions that commonly give rise to wrongful birth claims include:
- Down syndrome
- Spina bifida
- Tay-Sachs disease
- Cystic fibrosis
- Muscular dystrophy
- Anencephaly or other fatal neural tube defects
- Congenital heart defects
- Severe chromosomal abnormalities
The severity and impact of the condition are key to the legal and financial elements of the case.
Who Can Be Sued?
Defendants in wrongful birth lawsuits can include:
- OB-GYNs
- Genetic counselors
- Ultrasound technicians
- Laboratories performing diagnostic testing
- Fertility clinics or IVF specialists (in preimplantation cases)
The defendants are evaluated based on the standard of care in their specialty and whether a reasonably careful provider would have made a different decision or disclosed different information.
Statute of Limitations
In California, medical malpractice claims—including wrongful birth—must typically be filed within:
- One year from the date the plaintiff knew or should have known of the injury, or
- Three years from the date of the alleged act of negligence, whichever occurs first
If the case involves fraud or intentional concealment, these deadlines may be extended. Claims involving minors may also follow different timetables, but parents’ claims for wrongful birth are distinct and must adhere to adult limitation rules.
Recoverable Damages in Wrongful Birth Cases
California law allows parents in wrongful birth cases to recover economic damages for:
- Extraordinary medical expenses associated with the child’s disability
- Long-term care costs, including therapy, assistive technology, and home modifications
- Special education or services needed due to the disability
- Lost income if one parent must reduce work or leave employment to care for the child
Noneconomic damages such as pain and suffering or emotional distress are generally not permitted in wrongful birth cases under current California precedent.
Wrongful Life and Limitations on Damages
If the child also brings a wrongful life claim, California courts allow recovery of economic damages only—specifically, the extraordinary expenses required to treat the impairment. The child cannot recover for pain and suffering or claim that they should never have been born.
Ethical and Legal Challenges
Wrongful birth lawsuits are often controversial due to their sensitive nature. Critics argue that such claims imply a child’s life is a burden, while supporters stress that the core legal issue is informed consent and the parents’ right to reproductive autonomy.
California courts have struck a balance by permitting wrongful birth and wrongful life actions while restricting damages to measurable, extraordinary expenses.
Role of Expert Witnesses
Medical experts are critical in wrongful birth cases. Plaintiffs must typically present:
- Obstetricians, to discuss standard prenatal care
- Geneticists, to assess what testing should have been done
- Pediatric specialists, to estimate the costs of future care
- Economists, to calculate lifetime care expenses
Defendants also use experts to challenge liability and damages, often arguing that the condition was not detectable or that the standard of care was met.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
