Dutch Supreme Court backs damages for child for having been bornBMJ 2005; 330 doi: https://doi.org/10.1136/bmj.330.7494.747 (Published 31 March 2005) Cite this as: BMJ 2005;330:747
- Tony Sheldon
The Dutch Supreme Court has agreed to the award of damages to a severely disabled child for the fact that she was born—a so called wrongful life. This is the first such case in the Netherlands, and the decision sets it apart from international opinion.
Kelly Molenaar, now 11, was born with several mental and physical disabilities as a result of a chromosomal abnormality inherited through her father. Her mother had been aware of the genetic risks and had asked a midwife at the Leiden University Medical Centre whether prenatal diagnostic tests were necessary. She was told they were not, and neither …