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1983

Torts

Washington Law Review

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Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef Jul 1983

Washington Recognizes Wrongful Birth And Wrongful Life—A Critical Analysis—Harbeson V. Parke-Davis, 98 Wn. 2d 460, 656 P.2d 483 (1983), Philip J. Vanderhoef

Washington Law Review

The Washington Supreme Court recently recognized both wrongful birth and wrongful life causes of action in Harbeson v. Parke-Davis, Inc. The court joined a growing number of jurisdictions that grant a wrongful birth claim. In recognizing the wrongful life claim, however, the court broke with the great weight of authority. This Note briefly examines the facts of the Harbeson case. Then, in separate sections, the Note reviews the legal background for the wrongful birth and wrongful life causes of action and analyzes and criticizes the court's reasoning on each claim. The analysis and criticism of the wrongful birth claim is …