不当出生损害赔偿诉析

因不当出生(wrongful birth)使父母因缺陷儿童多支付了大量的医疗、人力照顾以及特殊教育的费用,同时受到身心痛苦,如果不给予一定的救济是很不公平的,承认该类诉讼是各国共同趋势.在我国应以契约法来处理这类诉讼.

Analysis of Action for Damages to Wrongful Birth

Often the wrongful birth makes parents pay a great deal of fee-for-service, more energy to look-after, mass tuition of special education for the disabled children, and moreover, subject to huge sufferings from their body and mind. It would be unfair if no relief were offered. Acknowledging this kind of lawsuit has been a common trend to most countries. And in China theory of contract is applicable when disposing these actions.