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Articles on Wrongful Birth

In a wrongful birth action, the Illinois Supreme Court curtails the available remedies finding that no damages are available for the care of a disabled, dependent child after the child reaches the age of majority By Jessica A. Hegarty Civil Practice and Procedure, October 2011 The court’s analysis hinged upon whether Illinois law imposes a “duty” or “obligation” on parents to support disabled, dependent children after the age of majority. Absent such a duty, the court reasoned that the costs and expenses associated with caring for a disabled, dependent adult child are not “legal harms” that parents suffer but are expenses that are “voluntarily” and “willingly” assumed. The court relied on the general common law rule established in 1896 that parents are not legally obligated to support an adult child as the basis for its ruling.
1 comment (Most recent October 14, 2011)
Clark v. Children’s Memorial Hospital: Expanding recoverable damages in wrongful birth actions By John J. Driscoll Civil Practice and Procedure, June 2009 A look at the First District Appellate Court case of Clark v. Children’s Memorial Hospital, et. al.

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