Torts for Wrongful Birth/Life & Prenatal Abuse. Natalité et procréation : le rôle fondamental du judiciaire américain

Abstract

In 1994, French Parliamentary representatives voted a «bio-ethics» law largely based on the advice and consent of a national bioethics committee inaugurated by President Mitterrand. In the United States, the lack of similar centralized policymaking has created a situation wherein on the one hand market forces in the realm of biogenetics and medically-assisted procreation benefit from almost total freedom of activity, while on the other hand conflicts resulting from the social consequences of these new scientific fields are left almost solely in the hands of the judiciary. This article examines the often uncomfortable, and sometimes inappropriate role played by the judiciary branch, especially in the realm of new tort law concepts, and attempts to demonstrate how the latter might be contributing, albeit indirectly, to a future "fetal rights" juridical framework.