6 - Wrongful neonatal life

Summary

Introduction

Thus far, we have been dealing exclusively with the effects of the birth of an unwanted or unexpected child on its parents. But what of the child itself? We have seen throughout that public policy – whether expressed by the voice of the public itself or through the medium of the courts – strives to ensure that such a child is not made aware of the unusual circumstances of its conception and birth. We have also seen that, such is the nature of humanity, most children born as a result of negligence by third parties are accepted into the family as much loved additional members – and this includes many who are disabled.

Thus, the healthy child, at least, is unlikely to resent his or her existence. There may, however, be circumstances in which a newborn child is so badly disabled that it may be inferred that he or she would rather not be alive. As Templeman LJ put it in the ground-breaking case of Re B (a minor):

There may be cases of severe proved damage where the future is so certain and where the life of the child is so bound to be full of pain and suffering that the court might be driven to a different conclusion [than that the child must live] (emphasis added).