UCLA School of Law

Wrongful life suits may be justified even when children suffering significant forms of harm still enjoy an overall worthwhile life. Standard, comparative theories of harm are challenged. An alternative theory of harm is suggested. A distinction is advocated between the nonconsensual conferral of a lesser harm to avert a greater harm and the nonconsensual conferral of a lesser harm to bestow a greater benefit. The latter is morally problematic and may ground claims for compensation. Nonetheless, it is a reasonable characterization of much procreative activity. Related controversies concerning parental responsibility are discussed, including adoption, surrogacy, genetic "donation," and reproductive technology.