European Journal of Law Reform

Artikel

Wrongful Testing and Its Lively Consequences

Keywords wrongful life, wrongful birth, comparative law, best interests of the child, balancing convictions
Authors W.Th. Nuninga
Author's information

212545 W.Th. Nuninga
W.Th. Nuninga is a Legal Research Master’s student at Utrecht University.
  • Abstract

      In this article a consecutive comparison will be made between the approaches taken towards wrongful birth and wrongful life cases in the Netherlands and in England and Wales. The systems will be evaluated in the light of the best interests of the child, the balance struck between all moral convictions involved, and legal fairness. It will be argued that the approach taken in the Netherlands is more favourable in most respects, but could improve the balance between all moral convictions involved and could enhance legal fairness by limiting the claim for material damages to costs associated with the disability of the child.

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