A recent US decision highlights the sometimes novel bases on which claims for ‘wrongful birth’ damages may arise.
Collins & Hanson v Xytex Corporation (Superior Court of Fulton County, State of Georgia) followed a sperm donation procedure in which the parents were told that the donor had an IQ of 160, tertiary qualifications including Ph D and no criminal history.
The parents later accidentally ascertained the identity of the donor, who was a convicted felon suffering schizophrenia who had never completed college.
The defendants conceded that the conception would not have taken place had the true background of the donor emerged.
Given limitations on wrongful birth claims in that jurisdiction, the defendants successfully applied to have the claim struck out (20 October 2015).
An appeal has been foreshadowed.