Wrongful life refers to a claim or cause of action in which a severely disabled child (through the child’s legal guardian) sues the child’s mother’s doctor or hospital for failing to provide the child’s parents with information about the child’s disability during the pregnancy, or about a genetic disposition for the birth defect with which the child was born, causing the child a lifetime of suffering and medical expenses.
In such cases the child argues the parents would have had an abortion or chosen not to get pregnant if they had known of the birth defect or the genetic disposition for it. Most states do not recognize a wrongful life claim, but California, Maine, New Jersey, and Washington do.
Wrongful birth is a similar claim or cause of action that may be brought by the disabled child’s parents in states that recognize such a claim—and about half of the states do. Wrongful birth is a type of medical malpractice claim.
In Alabama, the concepts of 'wrongful life' and 'wrongful birth' are not recognized as valid legal claims. Alabama courts have not established a precedent for allowing children to sue for wrongful life, which would involve a claim that they should not have been born due to their disabilities. Similarly, parents in Alabama do not have the legal grounds to pursue a wrongful birth claim against medical professionals for not informing them of potential genetic conditions or birth defects that could have led to a decision to avoid or terminate a pregnancy. These types of claims are generally not supported by Alabama state statutes or case law, and as such, they are not actionable in the state's legal system. Individuals seeking advice on these matters should consult with an attorney who is knowledgeable about Alabama's specific laws and any recent developments in this area of law.