Wrongful birth and wrongful life are legal terms that can feel impersonal, particularly for families who are already dealing with such sensitive and deeply personal circumstances. These terms, which relate to types of legal claim, are not intended to question the value of a child’s life; instead, they describe specific legal issues that may arise when medical negligence affects the information parents receive before or during pregnancy.

The main difference is that wrongful birth claims are usually brought by parents. These claims often arise when a doctor, midwife, sonographer or consultant fails to identify, explain or act on information that would have helped the parents make an informed decision about the pregnancy. This may involve antenatal screening, scan results, genetic risks or advice about a serious health condition.

Wrongful life is different. It is usually used to describe a claim that would be brought on behalf of a child, based on the argument that the child should not have been born. In England and Wales, this type of claim is not generally recognised in the same way as wrongful birth. The law draws a careful distinction between a claim about parents being denied informed choice and a claim based on the child’s existence itself.

In this guide, we explain what wrongful birth and wrongful life mean, how they differ, and what legal options may be available to parents who believe medical negligence affected their ability to make informed decisions during pregnancy.

What Is a Wrongful Birth Claim?

A wrongful birth claim is a well-established type of medical negligence claim brought by parents. It may arise when negligent antenatal care, screening, testing or advice means the parents were not given the information they needed to make an informed decision about a pregnancy.

These claims hinge on whether the parents lost the opportunity to make a choice they were legally entitled to make, because a doctor, midwife, sonographer, consultant or another healthcare professional failed to provide appropriate care.

Wrongful birth claims can arise in circumstances where there has been:

• A failure to identify signs of a serious condition during an ultrasound scan
• A failure to arrange further tests after a concern was identified
• Incorrect interpretation of antenatal screening or diagnostic test results
• A failure to explain the results of a scan or test clearly
• A failure to provide appropriate genetic counselling where there was a known risk
• A delay in referring the parents to a specialist consultant
• A failure to explain the likely impact of a serious condition on the child and family

In these cases, the legal argument is usually that, with accurate information at the right time, the parents would have considered their options differently. This may include continuing with the pregnancy, preparing for their child’s needs based on the expected disability, or considering ending the pregnancy where this was legally available.

A wrongful birth claim must be supported by evidence. This usually includes medical records, scan reports, screening results, referral notes, appointment letters and independent expert evidence about the standard of care provided. Witness evidence from the parents, and sometimes from family members who attended appointments, may also help to show what information was given and how the parents would have acted if they had received the right advice.

What Is a Wrongful Life Claim?

A wrongful life claim is usually described as a claim brought on behalf of a child, based on the argument that, if the medical care had not been negligent, the child would not have been born.

This is not an established form of medical negligence claim in England and Wales. The courts have generally taken the view that a child cannot claim compensation on the basis that their existence is itself the harm. This is a very sensitive legal distinction. It does not say anything about the value of the child’s life. It reflects the court’s view that the law cannot compare life with non-existence in the way it usually compares a person’s position before and after negligence.

The leading case often referred to in this area is McKay v Essex Area Health Authority. In that case, the Court of Appeal rejected a claim brought on behalf of a child who was born with disabilities after her mother contracted rubella during pregnancy. The argument was that, with proper advice, the pregnancy would have been ended. The court treated this as a wrongful life claim and did not allow it to proceed.

More recently, Toombes v Mitchell has led to discussion about whether the law has shifted. In that case, the claimant brought a claim under the Congenital Disabilities (Civil Liability) Act 1976 after her mother received negligent pre-conception advice about folic acid. The court allowed the claim to proceed because it was not treated as a wrongful life claim in the strict sense. The key distinction was that the alleged negligence occurred before conception, and the argument was that, with proper advice, the mother would have delayed conception. A different child would then have been conceived.

This means Toombes v Mitchell does not make wrongful life claims generally available. Instead, it shows that some claims linked to negligent pre-conception advice may be possible where they fall within a specific legal framework. These cases are highly fact-specific and should not be confused with the more common wrongful birth cases brought by parents.

Where a child has sustained an avoidable injury because of negligent antenatal care, birth care or postnatal treatment, there may be a separate birth injury claim on behalf of the child. This type of claim is different from wrongful life. The focus is not on the child having been born, but on whether negligent care caused an avoidable injury.

What Are the Key Differences Between Wrongful Birth and Wrongful Life?

Wrongful birth and wrongful life are sometimes discussed together, but they do not carry the same legal weight.

A wrongful birth claim has an established route in medical negligence law. These claims are usually brought by parents who say that, because of negligent antenatal care, screening, testing or advice, they were not given the information they needed to make an informed decision about a pregnancy.

Wrongful life is different. It is not generally recognised as an established form of claim in England and Wales. The courts have usually rejected such claims based on the argument that a disabled child should not have been born, because current public policy does not tend to treat existence itself as a form of legal harm.

The key differences are:

• Who brings the claim: wrongful birth claims are usually brought by parents. A wrongful life claim would be brought on behalf of the child.
• What the claim focuses on: wrongful birth focuses on the parents’ lost opportunity to make an informed choice. Wrongful life focuses on the argument that the child should not have been born, which the courts have not generally accepted.
• How the law treats the claim: wrongful birth can follow an established medical negligence route if the evidence supports it. Wrongful life does not have the same recognised legal footing.
• What may need to happen instead: if a child has been injured because of negligent antenatal care, birth care or postnatal treatment, a solicitor may need to consider a different type of medical negligence claim. This would focus on the avoidable injury and its impact, rather than the fact of the child’s birth.

For parents, the practical point is that the legal options usually depend on the facts. If the issue is that negligent care denied the parents the chance to make an informed decision during pregnancy, a wrongful birth claim may be the most appropriate route. If the concern relates to the child’s own injuries or health needs, your solicitor will look carefully at whether another form of medical negligence claim is available.

This distinction matters because the wording of the claim needs to reflect the legal basis properly. A solicitor can review the medical records, identify who may have a right to claim, and advise on the route that best matches the evidence.

Can I Make a Claim?

If you believe you were not given the right information during pregnancy, or that a serious condition was missed or not explained properly, you may be able to make a medical negligence claim. The right legal route will depend on what happened, when it happened, who was affected, and what the evidence shows.

For many families, the first question is whether the parents were denied the chance to make an informed decision. This is often the starting point for a wrongful birth claim. For example, you may have grounds to seek advice if a doctor, midwife, sonographer or consultant failed to:

• Arrange appropriate antenatal screening or diagnostic testing
• Correctly interpret scan results or test results
• Explain a serious diagnosis or risk clearly
• Refer you for specialist advice when concerns were raised
• Give you the information you needed to understand the likely impact of a condition
• Advise you about your options at the right time

A wrongful birth claim may be possible where, with appropriate care and advice, you would have made a different decision about the pregnancy. This does not mean the claim is about your child’s worth or your relationship with them. It is about whether medical negligence took away your ability to make a properly informed choice.

If your concern is about your child’s own health needs, the position may be different. Although wrongful life claims are not an established route in England and Wales, that does not always mean there are no legal options. A solicitor can look at whether a different type of claim may be available, such as a claim based on avoidable injury caused by negligent antenatal care, birth care or postnatal treatment.

The most helpful next step is to speak to a solicitor who understands these claims. They will usually start by asking what happened during the pregnancy, what you were told at appointments, what tests or scans took place, and when you first became aware that something may have gone wrong.

Before your call, it can help to gather:

• Pregnancy notes and medical records
• Scan reports and screening results
• Letters from doctors, midwives or consultants
• Details of any referrals or missed referrals
• Notes of what you remember being told at appointments
• Details of anyone who attended appointments with you
• Information about your child’s care, support and day-to-day needs

You do not need to have all of this before asking for advice. A solicitor can identify the records and evidence needed to investigate what happened. They can also advise whether the claim is likely to sit within an established wrongful birth route, or whether another form of medical negligence claim should be considered.

Find Out More

If you would like to understand this topic in more detail, the following guides may help:

• What Is Wrongful Conception? - explains how wrongful conception claims differ from wrongful birth claims, and when negligent contraceptive advice or treatment may lead to a claim.
• Can a Claim Be Made for Wrongful Birth When a Child Is 10? - explains how time limits may apply when parents only realise later that they may have had grounds for a wrongful birth claim.