Damages for 'Wrongful Birth': Where to after Cattanach?

Abstract

In Cattanach v Melchior a majority of the High Court of Australia held that damages for wrongful birth can include compensation for the cost of raising a healthy child. The case raises questions about what it is that constitutes harm for purposes of bringing a claim in negligence. This article critically reviews the High Court decision in light of the continental-European experience. It is suggested that the recent House of Lords decision in Rees offers a workable compromise for both proponents and opponents of compensation.

Keywords: Australia, High Court of Australia, tort, damages, wrongful birth, negligence, House of Lords, compensation

JEL Classification: K13