Wrongful existence claims: the 'McFarlane Approach',trends in policy and ethics,and the future

Abstract

This is the third article of a three-part review of the development of case law on 'wrongful existence' claims. An initial article examined the increasing prominence of policy considerations in our jurisprudence more generally, often dressed as 'distributive justice', and considered the apparent trend toward preference for autonomy over more traditional views of the sanctity of life in recent years. A second article described the development of case law on 'wrongful existence' in some detail, and looked briefly at the solutions in other jurisdictions. This third article will pick out the key elements of the leading authority (McFarlane, 1999), and ask whether any predictions can be made in this specific field or more widely.