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_WORLD WATCH______________________________
____________________ France ________________

No “wrongful birth” damages
Assembly rejects right to sue

France’s National Assembly has approved a bill that would overturn a high court ruling that a severely handicapped boy could sue a doctor for wrongful birth.

The country’s highest appeals court ruled last year that the boy and his parents could sue their doctor because he did not diagnose his birth defects and give them the option of abortion. The ruling sparked outrage and debate with advocates for the disabled and pro-life groups slamming the decision. Doctors feared they would have to actively encourage pregnant women to have abortions rather than risk lawsuits. Others said they would refuse to perform pre-natal screenings altogether.

The Assembly moved to overturn the court’s ruling (which was twice upheld in lower courts) by adopting a bill that states, “No one can sue for damages for the sole fact of his birth.” As CWR went to press, the legislation was headed for the Senate, where it was expected to gain approval.

Back to Catholic World Report February 2002 Table of Contents

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