Wrongful conception is a form of medical negligence that can arise when mistakes by a doctor or other healthcare professional lead to an unplanned pregnancy. Despite being recognised in UK law, the concept is often misunderstood, particularly because it is frequently confused with wrongful birth claims and other legal issues relating to pregnancy and birth.

These cases can occur or be caused by a range of circumstances, including failed sterilisation procedures, negligent contraceptive advice or errors in diagnosing pregnancy. When this happens, parents may have questions about what the law actually allows them to claim and how these situations are treated by the courts.

In this guide, the medical negligence team at JMW explores some of the most common misconceptions about wrongful conception, explaining how the law in England and Wales approaches these claims and why understanding the distinctions between different types of birth claims can be helpful for families considering their options.

What Is Wrongful Conception?

Wrongful conception is a type of medical negligence claim that arises when a negligent act by medical professionals leads to an unplanned pregnancy or birth despite steps being taken to prevent conception. In these circumstances, the parents argue that the pregnancy occurred because a doctor or other healthcare provider failed to exercise reasonable care.

Wrongful conception claims most commonly arise after failed sterilisation procedures, including female sterilisation procedures or vasectomies that were carried out negligently. However, they can also occur where a healthcare professional provides negligent advice or information that leads to a child being born despite efforts by the parents to prevent conception.

In each case, the central legal issue is whether a duty of care was owed to the patient and whether that duty was breached through medical negligence. If the negligent act caused the pregnancy or the birth of a child, the parents may have grounds to pursue wrongful conception claims.

The law surrounding birth claims in the UK has developed through common law decisions of the court, which have defined what types of losses can be recovered and how civil liability applies in these cases. The nuances of these legal principles explain why several misconceptions about wrongful conception exist and why courts approach such claims in a particular way.

Misconception: Wrongful Conception and Wrongful Birth Are the Same

The misconception:

These terms “wrongful conception” and “wrongful birth” are often used interchangeably, which can lead people to assume they describe the same type of medical negligence claim. Because both involve pregnancy and birth, it is easy to believe that the legal principles behind them are identical and that the same types of claims apply in each situation.

The reality:

• Wrongful conception occurs when medical negligence by a healthcare professional leads to an unplanned pregnancy despite steps being taken to prevent conception. This may involve a failed sterilisation procedure, negligent contraceptive advice, or another medical error that results in pregnancy when it was intended to be avoided.
• Wrongful birth claims arise in different circumstances. These cases typically involve a failure by medical professionals to identify or communicate a serious health condition affecting a baby during pregnancy. Parents may argue that they would have made different decisions about the pregnancy if they had received accurate medical information.

Because the circumstances are different, the courts treat wrongful birth and wrongful conception claims differently as well. In wrongful conception claims, the focus is usually on the negligence that caused the pregnancy itself. In wrongful birth cases, the claim may relate to the consequences of negligent advice or testing during pregnancy, particularly where a child is born with congenital disabilities.

Misconception: Wrongful Conception Claims Are Only About Failed Sterilisation

The misconception:

Wrongful conception claims are often associated with failed sterilisation procedures. As a result, many people assume that these claims only arise when a vasectomy or female sterilisation procedure does not work as intended.

The reality:

While failed sterilisation is one of the most widely recognised examples, it is not the only situation in which wrongful conception claims may arise. Wrongful conception claims can occur whenever negligence by medical professionals leads to pregnancy despite steps being taken to prevent it.

Other circumstances may include:

• Negligent contraceptive advice: a doctor or nurse may give incorrect advice about contraception or fail to explain how a contraceptive method should be used.
• Failure to diagnose pregnancy: medical professionals may fail to recognise or communicate that a patient is pregnant, which can remove the opportunity to consider other options at an earlier stage.
• Errors in pre-conception counselling: incorrect medical advice given before conception about fertility or pregnancy risks can also form the basis of a claim.

For this reason, wrongful conception claims are not limited to surgical procedures. They can arise from a range of medical errors where negligent advice, treatment, or diagnosis results in an unplanned pregnancy.

Misconception: Parents Can Claim the Cost of Raising a Healthy Child

The misconception:

Many people assume that if medical negligence leads to the birth of a child, the parents can claim compensation for the full cost of raising that child. This belief often arises because it seems logical that if a pregnancy occurred as a result of a medical mistake, the financial responsibility associated with raising the child should also be part of the claim.

The reality:

In practice, the law in England and Wales takes a different view. Courts have considered whether the upbringing of a healthy child should be treated as a financial loss and have concluded that it should not.

The leading case on this issue is McFarlane v Tayside Health Board, where the court ruled that the ordinary costs of raising a healthy child cannot usually be recovered in wrongful conception claims. While the pregnancy may have resulted from negligent medical treatment, the law does not treat the existence of a healthy child as a compensable loss.

This does not mean that no compensation is available. Parents may still be able to claim damages for the physical and psychological impact of the pregnancy and childbirth, along with losses that arise directly from the negligent treatment itself. The court therefore recognises the medical negligence and the consequences it caused, but places limits on the types of financial losses that can be recovered.

Misconception: Compensation Is Only Available if the Child Has a Disability

The misconception:

Some people believe that compensation can only be awarded when a child is born with a disability. This belief often arises because many well-known medical negligence cases involving pregnancy focus on conditions that were not identified during pregnancy.

The reality:

Wrongful conception claims do not depend on a child having a disability. A claim may arise whenever negligent medical treatment leads to an unplanned pregnancy despite steps being taken to prevent conception.

Although the law limits what can be recovered when a healthy child is born, parents may still claim compensation for the physical and psychological impact of pregnancy and childbirth, along with losses directly linked to the negligent treatment.

Disability becomes relevant in wrongful birth cases. Where medical professionals fail to identify or communicate a serious condition during pregnancy, the courts may allow recovery of the additional costs associated with raising a disabled child.

Misconception: Wrongful Conception Claims Mean Parents Regret Having Their Child

The misconception:

Because wrongful conception claims arise after the birth of a child, some people assume that bringing a claim means the parents regret having their child or wish that the child had not been born. This perception can make the idea of pursuing a claim feel uncomfortable or ethically difficult for some families.

The reality:

In law, wrongful conception claims focus on the medical negligence that led to the pregnancy, not on the value of the child’s life. The claim addresses the loss of reproductive choice and the consequences of negligent medical care.

Most parents who bring these claims love and care deeply for their child. Their claim is about the impact of the medical mistake and the fact that they were deprived of the opportunity to make informed decisions about their reproductive health, rather than for the fact that the child was born.

Misconception: A Child Can Sue for Being Born

The misconception:

Some people assume that if medical negligence leads to a child being born, the child themselves may be able to bring a claim arguing that they should not have been born. This idea is sometimes described as a “wrongful life” claim.

The reality:

Claims of this kind are not generally recognised in UK law. The courts have taken the view that it is not possible to assess damages on the basis that a person would have been better off not being born.

Instead, the law focuses on claims brought by parents where medical negligence affected the pregnancy or the decisions they were able to make. In some circumstances, legislation such as the Congenital Disabilities (Civil Liability) Act 1976 may allow a child to bring a claim if negligence before birth caused them to develop a disability.

For wrongful conception claims, however, the claim is typically brought by the parents and relates to the consequences of the negligent treatment that led to the pregnancy.

Misconception: A Claim Can Only Be Made If the Mother Was the Patient

The misconception:

Because the mother experiences pregnancy and childbirth, many people assume that only she can bring a wrongful conception claim. This can lead to the belief that the legal claim must always relate directly to treatment she received.

The reality:

While the mother is often the primary claimant because she experienced the physical effects of pregnancy and childbirth, she is not always the only person who may bring a claim.

In some circumstances, negligence may relate to treatment given to the father instead. For example, a negligently performed vasectomy may lead to an unplanned pregnancy despite the intention to prevent conception, and in this instance, the father may have grounds to bring a claim.

As with all medical negligence cases, the key question is whether a healthcare professional owed a duty of care, breached that duty, and caused the circumstances that led to the pregnancy.