Wrongful birth actions are lawsuits for the unwanted birth of a child. Short Answer
What are the primary legal and/or ethics-related theories, statutes, and/or case law that support – and oppose – the existence of such claims?
Do any of these resources support / oppose any other areas of law? If so, do you think that those other areas of law seem to be natural relatives to that of wrongful birth claims? Why or why not?
How does your home state (South Carolina) recognize the tort of wrongful birth, if at all?
Are there public policy considerations that should be (re-)evaluated about wrongful birth actions? If so, what are they currently, and should they change in some way? Why or why not?
What are the major challenges for those practicing in this legal field?
Do you think that the recent Supreme Court case dealing abortion rights will impact whether states
recognize wrongful birth actions?
As you critically thought about this area of tort law, did you come to any new realizations about
possible new solutions (other than applying the law) to any underlying problems within this fact pattern, such as whether the law ought to change in some way or new safety protections might be needed,
etc.?
