The wrongful pregnancy and the subsequent birth of a child should be considered as an injury? an analysis of the existence and extent of damages from wrongful conception

Abstract

This paper aimed to analyze the controversies concerning the determination and the extent of damages, in cases of wrongful conception. The study revealed that reproductive rights have been, effectively, legitimately and largely exercised by the people. The international, constitutional and infra-constitutional normative protection for the reproductive rights aims to ensure reproductive freedom, safeguarding selfdetermination of the people. Violating another’s decision about parental planning causes negative impacts on the right to development people’s own personality, which causes compensable material and moral damages.