The Kansas Supreme Court surprised pro-lifers last month when it upheld a law preventing the practice of “wrongful birth” suits against doctors.
In a 5-2 decision, the Kansas justices upheld a 2013 law forbidding the practice of “wrongful birth” lawsuits. The law prevents parents from seeking damages from doctors who do not inform them that their preborn child has a poor prenatal diagnosis or of the “risk” or “burden” of having such a child. Parents who have brought such lawsuits claim this information might have made them choose abortion.
The original legal challenge was brought by the parents of a girl born in May 2014 with a severe brain abnormality. According to the Associated Press , attorneys argued that the parents would have chosen abortion if the doctor had provided a diagnosis of the child’s medical condition. They argued that by preventing them from suing the doctor for wrongful birth, the law violates provisions of the state’s bill of rights such as the right to a jury trial and the right to “remedy by due course of law” for injuries. In rejecting the legal challenge, the majority argued that the concept of wrongful birth lawsuits was an “innovation,” and that the […]