Wrongful birth act in Japan and the abortion of disabled fetus

• SAKAIHARA Mitsuo

  北海道大学大学院医学研究科社会医療管理学講座法医学分野:北海学園大学大学院法学研究科博士(後期)課程

Bibliographic Information

Other Title

• 日本におけるwrongful birth訴訟と障害胎児の妊娠中絶

Abstract

Wrongful birth claim is generally defined that claim by parents of children born alive with disability and the fault of a doctor lies in permitting a pregnancy to continue to birth. We have four cases as to congenital rubella syndrome and one case as to Down's syndrome held in Japan. The claim brought by the mother was that, but for the negligence of the doctor in managing the pregnancy, the mother would have had a lawful abortion and child would not have suffered from injured condition. In Japan, as we do not have the provision of the fetal indication for abortion, wrongful birth claim by parents is founded upon a breach of a duty of advising the risk of the probability of a disabled child. But in practice, the doctor terminates the pregnancy of a disabled fetus. We recognize the separation of medical treatment and law. We consider the termination of disabled fetus in terms of medical treatment, law and ethics.

Journal

• Bioethics

  Bioethics 12 (1), 183-188, 2002

  Japan Association for Bioethics

Keywords

• wrongful birth act
• congenital rubella syndrome
• Down's syndrome
• fetal indication for abortion

Details

• CRID: 1390001204483971456
• NII Article ID: 110004833331
• NII Book ID: AN10355291
• DOI: 10.20593/jabedit.12.1_183
• ISSN: 2189695X
• ISSN: 13434063
• Web Site: https://search.jamas.or.jp/link/ui/2003160292
• Text Lang: ja
• Data Source:
  • JaLC
  • CiNii Articles
• Abstract License Flag: Disallowed