ABSTRACT
The definition of wrongful life is always given in contrast to the definition of wrongful birth. Legal scholars recognise the significance of the doctor-patient relationship in both instances. In an endeavour to recognise a claim for wrongful life, jurisprudential publications recognise the right of a mother to abort a foetus under stringent time constraints based on information she received from a physician that may impact an unborn child. The physician must be forthright and honest about any potential complications that may arise with an unborn child within the parameters set by the National Health Act (hereinafter referred to as the ‘NHA’), the recommended best practice, as well as the boni mores in society, our society should be apparent that a mother’s substantial right to decide whether to keep or abort the baby is recognised. If any complications arise during the pregnancy that precludes a potential claim of ‘wrongful birth’ and ‘wrongful life’ from being instituted, we can consider the community’s legal convictions. A claim for ‘wrongful life’ is recognised in some jurisdictions although some countries are still unclear about it. As long as a parent receives timely information, a pregnant woman has the right to terminate her pregnancy.
Ntsane, Ofentse, Wrongful Life as a Delictual Claim: A South African Analysis (December 11, 2022).
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