Wrongful birth and wrongful conception claims
Wrongful birth is a term used in medical negligence law to describe situations where a child is born with a serious health condition or disability, and the parents say that they would have chosen to terminate the pregnancy if they had been properly informed that their child would likely have serious birth defects.
These claims are emotionally challenging and legally complex. They often arise from negligent medical advice, failures in antenatal screening, or a failure to communicate test results.
At Russell-Cooke, we help parents understand whether they may have a claim for wrongful birth compensation, and we guide them through the process with sensitivity and expertise.
Wrongful conception and wrongful pregnancy
Wrongful conception (sometimes called wrongful pregnancy) occurs when medical negligence leads to an unplanned birth despite steps taken to avoid pregnancy — usually through a vasectomy or sterilisation procedure.
In such cases, parents may be able to claim compensation for:
- The pain and distress of the pregnancy and delivery
- The cost of the failed procedure itself
However, following the case of McFarlane v Tayside Health Board [2000], the courts decided that parents cannot recover the general costs of raising a healthy child as this would not be in the public interest.
Wrongful birth claims explained
Wrongful birth claims are different. They typically arise when:
- A clinician fails to take heed of a family history of genetic disorder
- A clinician fails to carry out the mandatory fetal screening tests during pregnancy
- A clinician fails to recognise a birth defect on an Ultra Sound Scan
- A test identifies a genetic or congenital condition but the results are not communicated properly
Parkinson v St James & Seacroft University Hospital NHS Trust
In Parkinson v St James & Seacroft University Hospital NHS Trust [2001], the courts accepted that while general child-rearing costs cannot be recovered, parents can claim for the additional financial and emotional burden of raising a disabled child.
This includes financial costs incurred raising a child with disabilities or additional needs such as:
- Private Medical costs
- Private Therapies
- Specialist care and equipment
- Travel costs
- Psychiatric support for parents and family members
Between 1998 and 2020, over 240 wrongful birth claims were successful in court, with many others settled before trial.
How can our medical negligence solicitors help you?
We recognise that wrongful birth and wrongful conception claims carry both legal and emotional challenges.
At Russell-Cooke, our experienced medical negligence solicitors will:
- Assess whether you have grounds for a wrongful birth or wrongful conception claim
- Provide clear, practical advice on what compensation may be available
- Support you and your family through the process with sensitivity and care
If you believe you may have a claim, please contact us for a confidential discussion.
Why Russell-Cooke for wrongful birth claims?
We know that wrongful birth claims are not just legal matters. They raise deeply personal, ethical, and emotional questions for parents and families.
Pursuing a claim can feel daunting, particularly when it involves arguing against the presence of a much-loved child.
At Russell-Cooke, we bring both sensitivity and specialist expertise. Our medical negligence team has acted in some of the most complex and high-profile wrongful birth cases, and we understand the difficult balance between law, medicine, and family life.
Our commitment is to offer you:
- Clear, robust legal advice grounded in the latest case law
- Compassionate support throughout what is often a highly emotional process
- Practical guidance to help you make informed decisions with confidence
Whether your claim concerns failed sterilisation, or negligent antenatal management, we are here to stand by you and your family.
Frequently asked questions about wrongful birth claims
What is a wrongful birth claim?
A wrongful birth claim is brought when parents (usually mothers) allege, they were deprived of the choice to end a pregnancy because medical professionals failed to detect or communicate a serious health condition in the foetus.
What is wrongful conception ?
Wrongful conception (sometimes called wrongful pregnancy) usually arises when a failed sterilisation or vasectomy leads to the birth of a healthy but unplanned child. Parents may claim for the failed procedure and the pain of pregnancy, but not the general costs of raising the child.
What is the difference between wrongful birth and wrongful conception?
Wrongful birth claims involve the birth of a child with a disability or genetic condition that should have been identified before birth. Wrongful conception claims involve failed sterilisation or vasectomy procedures resulting in an unplanned pregnancy.
What are the damages for wrongful birth?
Parents may recover the additional costs of caring for a child with disabilities, including medical expenses, specialist equipment, care costs, and psychiatric support.
How much compensation can you get for wrongful birth?
The amount varies depending on the child’s condition and needs. Compensation covers additional disability-related costs but not the general cost of raising a child. – these are often high value cases as the financial support for the additional needs can be claimed for the lifetime of the parents.
What is the time limit for making a wrongful birth claim?
In most cases, you have three years from the date you became aware of the negligence. What must be proved in a wrongful birth claim?
You must show that medical professionals breached their duty of care (for example, failing to perform or communicate test results) and that this negligence deprived you of the choice to terminate the pregnancy.
What is the definition of wrongful pregnancy?
Wrongful pregnancy, or wrongful conception, refers to claims where medical negligence (such as a failed vasectomy or sterilisation) results in an unwanted birth.
About Janice
Janice Gardner is a highly experienced clinical negligence solicitor with over 30 years of expertise, known for her straightforward approach and success in complex, high-value cases. She has represented a multimillion-pound wrongful birth claim involving a missed diagnosis of a chromosome disorder. Renowned for her determination and tactical skill, Janice is trusted by clients to fight for answers and the compensation they deserve.
Get in touch
If you would like to speak with a member of the team you can contact our medical negligence solicitors by telephone on +44 (0)20 3826 7517 or complete our enquiry form.
