Duhaime's Law Dictionary


Wrongful Pregnancy Definition:

A tort claim alleging that the defendant's negligence has caused an unwanted pregnancy and birth.

Related Terms: Wrongful Birth, Wrongful Life, Wrongful Death

Sometimes also referred to as wrongful conception.

In Kealey v Berezowski, Justice Lax of the Ontario Court of Justice wrote:

"This is a case of wrongful pregnancy. Unlike wrongful birth and wrongful life cases, the act here complained of is always pre-conception. The claimants are parents who allege that the defendant's negligence has caused an unwanted pregnancy and birth. The negligence often occurs through a failed sterilization or through the preparation or dispensing of a contraceptive medication. The claim has been advanced for children born healthy and for those born unhealthy. In either case, the child is unplanned. Courts have recognized the viability of this claim which may be advanced in contract or tort, although it is more usually advanced in tort."

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