| Please note that this article applies only to Illinois | | | | recover the costs of raising a typical child without |
| wrongful birth lawsuits. The laws in every state on this | | | | disabilities; their compensation is limited to the extra |
| controversial topic are different and nothing stated | | | | costs of caring for a child with a physical or mental |
| here should be taken as relevant to any state other | | | | impairment. |
| than and Illinois. | | | | Other issues include emotional distress. Although |
| When doctors, geneticists or other medical | | | | emotional distress seems obvious in these cases, it |
| professionals fail to warn parents of a genetic or | | | | can be very hard to prove. To be compensated, it is |
| congenital disorder during pregnancy, parents can sue | | | | not enough to feel sadness, disappointment and stress |
| for "wrongful birth." The idea is that the parents of the | | | | over the birth of a disabled child. The emotional |
| disabled child would have chosen to terminate the | | | | distress must be caused by being in physical danger |
| pregnancy if they had been aware of their child's | | | | as a result of the child's disability. This is usually very |
| condition prior to birth. | | | | hard to prove. |
| These parents are suing the doctors or other medical | | | | "Wrongful birth" lawsuits are brought by parents. There |
| professionals who were in charge of ordering or | | | | is an equivalent lawsuit that can be brought by children, |
| interpreting various genetic tests. The parents are | | | | called "wrongful life" lawsuits. Wrongful life cases are |
| seeking compensation for the extraordinary expenses | | | | difficult, for the parents and for the courts. They bring |
| of caring for a disabled child, claiming that it was not | | | | up serious and controversial questions about the value |
| their choice, and in fact the fault of doctors, that they | | | | of a life. In a wrongful life lawsuit the disabled child is |
| are incurring these costs. | | | | claiming that they should be compensated because if |
| The costs of caring for a disabled child vary based on | | | | the doctor had properly warned their parents, they |
| the type of disability and the duration and depth of | | | | would have avoided being born. |
| care required. Generally these costs are incurred while | | | | Wrongful life lawsuits are not allowed in all states. For |
| the child is a minor (younger than 18 years old). But in | | | | example, in Illinois, wrongful life is not legally recognized. |
| some cases disabled children can require care beyond | | | | The reason is that courts have trouble determining at |
| this age. In some states, including Illinois, parents can be | | | | what point, if at all, a disabled person's life is worse |
| compensated for these post-majority expenses, as | | | | than having no life at all. So courts often avoid this |
| well. In Illinois, parents in wrongful birth lawsuits cannot | | | | question altogether. |