In general, a wrongful pregnancy action is a lawsuit brought by the parents of a healthy but unexpected, unplanned, or unwanted child, against a medical provider for negligence leading to conception or pregnancy.

The claim usually arises after a negligently performed sterilization procedure. Such claims have also been predicated on the failure to properly diagnose a pregnancy or perform an abortion; negligence in the insertion or removal of an intrauterine birth-control device, or in dispensing contraception prescriptions; or the failure of a contraceptive pill or a condom.

Laws vary from state to state and not all states recognize a wrongful pregnancy claim or cause of action.

In New Mexico, wrongful pregnancy, also known as wrongful conception, is a recognized cause of action. This type of lawsuit is typically brought by parents who have an unplanned, unexpected, or unwanted child due to the alleged negligence of a medical provider. The negligence might involve a failed sterilization procedure, such as a vasectomy or tubal ligation, or other contraceptive failures attributable to the healthcare provider, such as improper administration or prescription of birth control methods. If the parents can prove that the medical provider was negligent and that this negligence led to the conception of the child, they may be able to recover damages. These damages can include the costs of the failed procedure, the costs associated with the pregnancy, childbirth, and sometimes the costs of raising the child. However, the specifics of what damages are recoverable can vary, and it is important to consult with an attorney to understand the current state of the law and how it may apply to an individual case.