Wrongful Life, Procreative Responsibility, and the Significance of Harm

Shiffrin, Seana

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Wrongful Life, Procreative Responsibility, and the Significance of Harm

5 Legal Theory 117-148 (1999)

UCLA School of Law Research Paper No. 15-45

33 Pages Posted: 4 Nov 2015

See all articles by Seana Shiffrin

Seana Shiffrin

University of California, Los Angeles (UCLA) - School of Law

Date Written: 1999

Abstract

Wrongful life suits may be justified even when children suffering significant forms of harm still enjoy an overall worthwhile life. Standard, comparative theories of harm are challenged. An alternative theory of harm is suggested. A distinction is advocated between the nonconsensual conferral of a lesser harm to avert a greater harm and the nonconsensual conferral of a lesser harm to bestow a greater benefit. The latter is morally problematic and may ground claims for compensation. Nonetheless, it is a reasonable characterization of much procreative activity. Related controversies concerning parental responsibility are discussed, including adoption, surrogacy, genetic "donation," and reproductive technology.

Keywords: wrongful life suits, theories of harm

Suggested Citation: Suggested Citation

Shiffrin, Seana, Wrongful Life, Procreative Responsibility, and the Significance of Harm (1999). 5 Legal Theory 117-148 (1999), UCLA School of Law Research Paper No. 15-45, Available at SSRN: https://ssrn.com/abstract=2685379