"Wrongful life claims are irreconcilable with Roe v. Wade. Wrongful life claims are necessarily predicated on the contention that there is a duty of care owed to a fetus prior to viability. This presupposes that a non-viable fetus enjoys legal standing. The courts that have recognized wrongful life claims sidestep this important part of the analysis. Courts that have held that such a duty exists have described it as a duty to provide the prospective parents with information needed to decide whether to terminate the pregnancy. Some courts simply conclude that “the duty owed to the parent inures derivatively to the child.” However, in order for the mother to choose to have an abortion, she must have access to that information prior to fetal viability. Roe v. Wade established that no such duty exists. Therefore, the courts permitting wrongful life claims have wrongfully held that a duty of care is owed by third parties to the embryo upon conception."
January 1, 1970