Facts
- A doctor performed a sterilisation operation on the father, negligently such that it reversed and caused the wrongful birth of a healthy child
Issue
- Could the parents make a mother’s claim and a parents’ claim against the hospital
Decision
- The mother’s claim was allowed, the parents’ claim disallowed
Reasoning
- A court could not issue an adoption or abortion law (the latter not applicable in this case)
- It is morally unacceptable to allow the claim
- The benefits of a child are incalculable. In truth, a child is a mixed blessing
- It would be subversive to enjoy the benefits of a child but to transfer the responsibility to others