Human Exceptionalism

Suing For Being Born

Here’s hoping this Australian lawsuit goes nowhere because if it is successful, the law would recognize the concept of wrongful birth. (I know it isn’t in the USA, but remember, our Supreme Court now looks to decisions overseas to determine American constitutional law.) If the parents win this case–since it is actually they who are bringing the suit in their disabled daughter’s name–the presumption within the medical profession could easily shift even further than it already is toward recommending eugenic abortion–just to keep from being sued by a person who is born disabled and claims he or she should have been aborted. After all, dead fetuses can hire no lawyers.


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