Section 14.20 Wrongful Conception

• Library: Family Law Deskbook and 2014 Supp

2. (§14.20) Wrongful Conception

A cause of action for wrongful conception was first formally recognized in Missouri in Miller v. Duhart, 637 S.W.2d 183 (Mo. App. E.D. 1982). In Miller, the plaintiff underwent a bilateral tubal ligation intended to prevent her from becoming pregnant again. Id. at 184. Mrs. Miller subsequently became pregnant and gave birth. Id. Mrs. Miller and her husband filed claims against the physicians and hospital for lost wages, the expense of raising an unplanned child, and special expenses. Id. Mr. Miller brought a claim for loss of consortium. Id. The Millers’ other children also claimed damages. Id.

The court in Miller discussed and rejected causes of action for “wrongful life” and “wrongful birth” and also rejected the children’s claims. But the court stated that “causes of action involving the alleged failure of a surgeon to...