University of Missouri School of Law Scholarship Repository Faculty Publications 1993 Rethinking Wrongful Life: Bridging the Boundary between Tort and Family Law Philip G. Peters Jr. University of Missouri School of Law,
[email protected] Follow this and additional works at: http://scholarship.law.missouri.edu/facpubs Part of the Family Law Commons, Health Law and Policy Commons, and the Torts Commons Recommended Citation Philip G. Peters Jr., Rethinking Wrongful Life: Bridging the Boundary between Tort and Family Law, 67 Tul. L. Rev. 397 (1992-1993) This Article is brought to you for free and open access by University of Missouri School of Law Scholarship Repository. It has been accepted for inclusion in Faculty Publications by an authorized administrator of University of Missouri School of Law Scholarship Repository. RETHINKING WRONGFUL LIFE: BRIDGING THE BOUNDARY BETWEEN TORT AND FAMILY LAW* PHILIP G. PETERS, JR.** I. WRONGFUL LIFE DocTRINE ....................... 400 A. The Majority View ............................ 401 B. The Minority View ............................. 402 C. Barriers to Considerationof a Child Support Claim ......................................... 407 II. THE NORMATIVE BASIS OF THE CLAIM ............ 411 A. FairnessBetween the Child and the Tortfeasor. 411 B. The Inadequacy of ParentalActions for Wrongful Birth ................................ 415 C. FairlyAllocating ResponsibilitiesBetween the Parentsand the Defendant ..................... 418 D. Avoiding the Disadvantagesof Wrongful Life Suits .........................................