The right to be born

Abstract

The permission for a child with malformations to be born could be considered a mistake? This is a new challenge placed on the border between ethics and law, between the force of the science and the fundamental anthropological values. In order to understand the specificity of such a situation it is necessary to evoke an already notorious case, known as the "Perruche Judgment", which the French justice tried to clarify. The different comments on the "Perruche judgment” generated the repercussions of this jurisprudence. Even if a certain number of consequences deserve to be claimed relative, some of them risk being prejudicial. So, the litigation of a born child with handicaps risks generating another one, namely the appreciation of the conditions of pregnancy interruption out of therapeutic reasons.