Survey of Washington Law: Torts: Wrongful Pregnancy

THE EXPENSES OF RAISING A NORMAL, HEALTHY CHILD ARE NOT RECOVERABLE IN A WRONGFUL PREGNANCY ACTION. McKernan v. Aasheim, 102 Wn. 2d 411, 687 P.2d 850 (1984).

In McKernan v. Aasheim, a unanimous Washington Supreme Court held that as a matter of law, child-rearing costs are not recoverable in a wrongful pregnancy action. Previously, the court had held that such damages were a matter of fact for jury determination and specifically declined to decide whether damages could be recovered for the birth of a healthy child as a matter of law.

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Laurie Elston, Survey of Washington Law: Torts: Wrongful Pregnancy, 20 Gonz. L. Rev. 613 (1985).

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