Wrongful Life, Wrongful Birth, Wrongful Death, and the Right to Refuse Treatment: Can Reasonable Jurisdictions Recognize All But One?

Abstract

While most jurisdictions recognize wrongful pregnancy or wrongful birth actions, very few recognize wrongful life actions. Yet, many of the rationales for and against recognizing the latter apply with equal force to the former. The article examines a variety of arguments offered to justify refusing to recognize wrongful life actions, concluding both that those arguments are unpersuasive and that the developing refusal-of-treatment jurisprudence militates in favor of recognizing an action for wrongful life.