In recent years, the concept of eugenic gradually became popular in our country while medical technology developed rapidly. The increasing prevalence of prenatal testing has been accompanied by an increase in the number of wrongful birth cases. Wrongful birth mainly refers to the birth of disabled children due to the negligence of doctors who fail to diagnose the potential birth defects of the fetus or fail to properly inform the parents. Wrongful birth damage liability is a concurrence of breach of contract liability and tort liability. From the perspective of protecting parents of defective children, the choice of tort liability relief path is more advantageous. The constitution of compensation liability includes the illegality of medical behavior, the fact that the child's parents have damage, the causal relationship between the illegality of medical behavior and the loss of the child's parents, and the fault of the medical institution. The body responsible for compensation should be the medical institution rather than the medical staff in charge of prenatal examination at that time. The scope of compensation should not include general maintenance costs, but support should be given to special maintenance costs and compensation for emotional distress. The reasons for exemption and exemption of liability of medical institutions include three kinds: limited medical treatment level, consent of fetal parents and fault of fetal parents.

Wan Axiang. Research on Compensation Liability for Wrongful Birth Tort. The Frontiers of Society, Science and Technology (2023) Vol. 5, Issue 8: 114-121. https://doi.org/10.25236/FSST.2023.050815.

[1] Liu Yonghong, Liu Rui. On the Legal Basis，Subject and Scope of Damage Compensation for Wrongful Birth [J]. Journal of Leshan Normal University, 2020(7):48-53.

[2] Zhang Binbin. On Wrongful Birth Tort Damages – An Empirical Study Based on 30 Judicial Documents [J]. Journal of Xiamen Radio & Television University, 2020(1):34-39+70.

[3] Fang Shaokun, Wang Hongping. Compensation Liability of Doctors for Violate the Prenatal Diagnosis Obligation [J]. ECUPL Journal, 2006(6):3-15.

[4] Zhang Hong. Liability for Wrongful Birth Damages [J]. The Jurist, 2011(6):54-65+175.

[5] Tian Ye, Jiao Meijiao. Judging Wrongful Birth Damages From Court Decision [J]. Journal of Northwestern Polytechnical University(Social Sciences), 2014(2):4-10+23.

[6] Ding Chunyan. Research on Liability for Damages in Wrongful Birth Cases [J]. Peking University Law Journal, 2007(6):682-700.

[7] Tian Ye. A Preliminary Study on “Wrongful Birth” Litigation – Looking at Compensation Justice Through the Fog of Life Value [J]. Journal of Guangxi University(Philosophy and Social Science), 2007(4):47-51.

[8] Yang Lixin, Wang Lisha. On Damages for Wrongful Birth and Proper Limitations [J]. Northern Legal Science, 2011(2):13-22.

[9] Guo Hui. A Comparative Analysis of Wrongful Birth Sues – From the Perspective of Chinese and American Court Decisions [J]. Journal of Henan Polytechnic University(Social Sciences), 2017(1):12-21.

[10] Zhou Yating. Discuss the Rights Impaired by the Cases of “Wrongful Birth” [J]. Journal of Yunnan Police Officer Academy, 2012(1):104-107.

[11] Wang Fuyou, Wang Yu. Compensation for Wrongful Birth [J]. Jingyue Journal, 2015(6):101-109.

[12] Man Hongjie. Prosecution of Improper Life and Protection of Personal Interests [J]. Law Science, 2017(2):28-42.

[13] Zhang Xuehui. Research on the Infringement Object of Wrongful Birth [J]. Medicine & Philosophy, 2016(7):65-67. 

[14] Zhang Meng, Kong Ying. The Disposition of Wrongful Birth Claims [J]. China Hospital CEO, 2019(14):68-71.

[15] Deng Yong, Guo Qing. An Empirical Analysis of "Wrongful Birth" Judicial Judgment [J]. China Hospital CEO, 2022(8):72-76.