Reproductive Harm, Social Justice and Tort Law: Rethinking 'Wrongful Birth' and 'Wrongful Life' Claims

In this chapter we consider how developments in reproductive medicine and technology – from sterilisation techniques to pre-conception and pre-natal testing, advice and prescribing, to medically assisted conception techniques such as IVF – have brought new issues to bear on traditional tort law principles, by taking a closer look at what we call ‘reproductive torts’. In doing so, we consider the following themes separately, but also the relationship between them. First, the idea of reproductive harm – what is it, who does it affect, and who should pay for it when it occurs? Secondly, social justice and reproduction, particularly in relation to structural inequalities relating to gender, race, class and disability. Thirdly, tort law’s response, considering specifically its purpose and development and the extent to which it can address reproductive harm and issues of social justice.