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Abstract

Wrongful conception is a medical malpractice claim by parents that arises from the negligent performance of a sterilization procedure.' Wrongful birth, on the other hand, is a claim that a health care provider has breached a duty subsequent to conception that results in the birth of an abnormal child While Missouri recognizes wrongful conception as a valid cause of action, it has statutorily refused to allow a wrongful birth claim. Williams v. Van Biber was an action for wrongful conception, but it involved an aspect of wrongful birth, a birth defect. The case addressed the question of whether parents may recover extraordinary expenses when a negligently performed sterilization procedure results in the birth of a child with defects. This note examines how other jurisdictions have handled the issue, evaluates the Williams court's approach, and discusses the policy concerns that surround such a claim.

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