Wrongful Birth Versus Wrongful Conception in Georgia

A Georgia sperm bank is facing numerous suits based on a donor who was touted as a Ph.D. in neuroscience with an IQ of 160 when he was, in fact, a college dropout with a criminal record and a diagnosis of schizophrenia.  The suits, however, have run afoul of a distinction in Georgia law between wrongful birth and wrongful conception.  Wrongful birth claims normally arise when the parents contend they would have aborted the child if they had been fully aware of the child’s condition.  By contrast, wrongful conception claims generally arise when a sterilization or abortion procedure goes wrong and a live birth unintentionally results, allowing a plaintiff to recover for medical expenses, pain and suffering and other claims. Georgia courts recognize the latter, but not the former; courts are finding the claims to be of the disfavored wrongful birth variety.

 The judge dismissing the most-recent claims stated:  “The reason why Georgia courts have looked on wrongful birth claims with disfavor is not because of the timing of the tort or the causal link between the defendant and the harm.  The true difference between the two torts is the measure of damages. Wrongful birth claims are disfavored because they require the court to decide between the value of a life with disabilities and the value of no life at all.”

The National Law Journal has the story.

In related news, the Texas Senate has voted 21-9 to abolish that state’s wrongful birth cause of action.  Thanks to Jill Lens for the tip.