<i>Wrongful Life</i> in the Age CRISPR-CAS: Using the Legal Fiction of "The Conceptual Being" to Redress Wrongful Gamete Manipulation

01 Apr 2020

Virtually all ‘wrongful life’ actions (claims brought by children for pre-birth injuries) are denied. The basis for this doctrine pivots around the refusal to allow recompense for actions which cause harm, but also result in the child’s birth. We, therefore, are faced with a legal lacuna, where children suffering serious harms as a result of the latest reproductive technologies are legal orphans. This Article details the avenues of potential harm caused by modern reproductive technologies, which I call wrongful genetic manipulation (WGM), where the injured child would have no right of action. To address this void, I create a novel remedy via a legal fiction, “the conceptual being,” which would enable these children to bypass current restrictions and claim an expanded class of damages, including pain and suffering, emotional injury, and unjust enrichment.