Wrongful birth claims

Every parent deserves to make fully informed choices about their pregnancy. If medical negligence meant you were denied that opportunity, you may be entitled to make a wrongful birth compensation claim. Our specialist birth injury team is here to guide you through every part of the process.

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Author

Sahida Patel

Partner, Birth Injury Team Lead

Reviewer

Leanne Devine

Associate Solicitor and Birth Injury Team Leader

Last Updated

16th July 2026

Can I make a wrongful birth claim?

A wrongful birth is when medical negligence leads to the birth of a child with a disability or health condition that should have been detected during pregnancy. This often involves failures in screening, diagnosis, or advice that should have allowed parents to make fully informed choices. If this situation sounds familiar – you have the right to seek answers.

You may be able to make a wrongful birth claim if a healthcare provider either failed to diagnose or disclose a foetal abnormality, carried out incorrect or incomplete genetic testing, failed to provide adequate prenatal care, or did not discuss all available options with you – including termination. Claims can also arise from a failed sterilisation or vasectomy procedure that resulted in an unplanned pregnancy.

To process a claim for you, we need to show that the healthcare provider owed you a duty of care, that they breached their duty by providing a service that fell below the expected standard, and that the breach directly affected your decision-making. In wrongful birth cases, this often means showing that, had you been properly informed, you would have chosen to end the pregnancy. We know that establishing this can feel difficult – but it’s important to remember that you have the right to make an informed decision. When this is taken from you, the consequences can be lifelong.

We know that this is a sensitive and difficult topic. But we have supported many other families in your position. You are not alone in your experience, and we promise to guide you with compassion and expertise.

Example of a wrongful birth claim

Imagine a mother whose routine pregnancy screening failed to identify a significant chromosomal condition in her baby. The screening results were either not communicated to her, or she was told they were normal when they were not. Had she been given accurate information at the time, she would have chosen to end the pregnancy. This failure to disclose could form the basis of a valid wrongful birth claim.

Related wrongful birth claims we support

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What compensation can help with

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Covering the additional costs of raising a child and supporting your family.

Compensation is designed to help cover the practical and financial impact of your situation, both now and in the future. This includes the extra costs of raising a child with significant health needs, as well as the impact on your own life – including lost income if you’ve had to reduce your hours or stop working to provide care.

The mother may also be able to claim for psychological damages. Emotional distress is typically included as part of the general damages awarded in wrongful birth cases, and the costs of therapy or counselling can be claimed as special damages.

A successful wrongful birth claims may help fund:

Additional costs of raising a child with a disability or complex health needs
Medical expenses and specialist care costs
Therapeutic support and counselling, for parents and child
Loss of earnings, including future income if you’ve reduced or stopped work to provide care
Home modifications or specialist equipment required for your child’s needs
The mother’s pain and experience of childbirth
Emotional distress and psychological impact on the family

Understanding the potential value

We secured £90,000 in compensation for our client who suffered a wrongful birth after a series of failings by her medical team. Her baby was born with a serious chromosomal condition and sadly passed away a few months later. The settlement allowed our client to cover the costs of a funeral, enter into bereavement therapy, and cover loss of earnings after taking time out of work. Wrongful birth compensation is not about placing a value on your child’s life. It’s about recognising the additional financial responsibilities that arose as a direct result of medical negligence – costs you would not have faced had you been given the information you were entitled to.

Understanding special and general damages

A settlement is made up of general damages and special damages. General damages address the non-financial impact of your injury, including pain and suffering, psychological damage and the effect on your day-to-day life. Special damages cover the specific financial losses you can evidence, from medical treatment and rehabilitation costs to lost income and travel expenses. No two wrongful birth cases are the same, and the value of a claim depends on the specific circumstances – including the nature and severity of the child’s condition, the additional care and support required, and the financial and emotional impact on the whole family. Claims can cover both immediate costs and long-term needs, including future care provision and loss of earnings over time. Because these cases often involve complex, lifelong consequences, the compensation awarded can be substantial. Our team will make sure both types of damages are carefully calculated and properly reflected in your claim.

Specialist wrongful birth solicitors

Our birth injury team has extensive experience in complex wrongful birth cases.

Why choose Fletchers for your wrongful birth claim?

At Fletchers Solicitors, we understand that choosing to claim compensation for a wrongful birth or failed contraception is a deeply personal and emotional decision. These situations are complex, and we’re here to support you every step of the way. You’ve the right to claim compensation for wrongful birth in cases of medical negligence, including failed sterilisation and birth defect misdiagnosis claims.

Expertise you can rely on

A client-centric service with a compassionate approach
Specialist birth injury team with extensive experience in wrongful birth and clinical negligence claims
Recognised as one of the UK’s best law firms – included in The Times Best Law Firms 2025 list
Top-ranked personal injury and clinical negligence firm, with a dedicated birth injury team
Experienced in gathering complex medical evidence, including genetic testing results and expert reports
Able to advise on legal aid funding eligibility for qualifying birth injury cases
No win, no fee – so you can pursue your claim without any upfront financial risk

You're not alone

We here to give you the support you need

We handle all wrongful birth claims with compassion, respect and sensitivity. We recognise that this is a very difficult situation and you’re likely to feel a lot of conflicting emotions. But we can assure you that pursuing a claim does not reflect a lack of love or care for your child. It also doesn’t diminish the emotional impact of choosing to terminate your pregnancy, if that was the outcome. These situations are complex, and we are here to support you every step of the way.

We have supported many families who’ve sadly found themselves in this same position. When people come to us in these circumstances, often they are looking for a non-judgmental environment where they can truly air their feelings and speak candidly about the effect that a wrongful birth has had on their lives.

Our birth injury team is deeply experienced in these cases. We can offer a safe and empathetic service from start to finish, and we promise to explain your options at every step. There is no obligation to proceed with a claim, but we do urge you consider this route as a way forward. If you’ve found yourself in a position where care costs, therapies and rehabilitation are mounting – compensation can help relieve some of the financial pressure.

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FAQs about wrongful birth claims

What evidence do I need for my wrongful birth claim?

To build a strong wrongful birth claim, we need to show that medical negligence occurred and that it directly affected the decisions available to you.

Additionally, there must be a direct link between the negligent treatment resulting in the pregnancy and birth of your child, such as a failed vasectomy or errors in pregnancy screening.

In cases involving birth defect misdiagnosis claims, it must be demonstrated that, had the parents been informed correctly, they would’ve chosen to terminate the pregnancy.

To support a wrongful birth negligence claim, we’ll help you gather several key pieces of evidence:

Medical records
Witness statements
Expert evidence
Complaints correspondence
Financial records
Genetic testing results
Personal testimony
Correspondence

We support you in this and offer guidance on any additional evidence that may be needed for your specific case. Collecting this evidence can help build a strong case to demonstrate that medical negligence occurred and that it had a significant impact on your life.

Can I claim for emotional distress in a wrongful birth case?

Yes, in the UK, parents can claim compensation for emotional distress in wrongful birth cases. Emotional distress is typically included as part of the general damages awarded in these claims. General damages encompass the psychological impact caused by negligence, emotional challenges resulting from the unexpected circumstances of the birth, and the additional responsibilities involved. Costs related to therapy or counselling undertaken due to the wrongful birth experience can be included as part of special damages, providing additional financial support.

How does No Win, No Fee work for wrongful birth claims?

With Fletchers, you can pursue a wrongful birth claim on a No Win, No Fee basis. This means there is no financial risk to you – you will not need to pay any legal fees upfront, and if your claim is unsuccessful, you will not pay anything.

If your claim succeeds, an agreed percentage of your compensation will be deducted as the solicitor’s fee. We’ll explain exactly how this works before you commit to anything, so you can make a confident decision about moving forward.

Can I get legal aid funding for a wrongful birth claim?

Legal aid may be available to help fund a birth injury compensation claim in circumstances where your baby has suffered a brain injury during pregnancy, at birth, or during the first 8 weeks of life. When we speak with you, we’ll be able to assess whether your claim is likely to be eligible for legal aid.

If legal aid is not available to you, we can advise on other funding options – including No Win, No Fee agreements and insurance policy funding.

How long do I have to make a wrongful birth claim?

In most cases, you’ve three years to make a wrongful birth compensation claim. This three-year period starts from either the date of the child’s birth or the date on which you became aware of the medical negligence – whichever is later.

Only the parents can bring a wrongful birth claim, as they are the ones who received the negligent medical treatment. If you’re unsure whether your time limit has passed, speak to us – there are sometimes exceptions, and it’s always worth checking.

How long does it take to settle a wrongful birth compensation claim?

The time it takes to settle a wrongful birth claim varies depending on a number of factors:

Complexity of the case – more complex cases, particularly those involving severe or lifelong conditions, can take longer to resolve
Evidence gathering – collecting medical records, expert opinions, and other documentation takes time
The defendant’s response – if the healthcare provider admits liability, the process can move more quickly; if they contest the claim, it may take longer and could go to court
Negotiation and settlement – most claims are settled out of court through negotiation, which can speed things up
Court proceedings – if court proceedings are necessary, the process can take several years, though there are still opportunities to settle throughout

Once a settlement is agreed, you can typically expect to receive your compensation within a few weeks. Every case is different – speak to one of our specialist solicitors for a more accurate timeline based on your specific situation.

Can I claim if the wrongful birth was partially my fault?

Wrongful birth claims focus on the failures of healthcare providers – specifically, whether they met the standard of care expected of a reasonably competent medical practitioner. If you’re concerned that something you did or didn’t do may affect your claim, speak to us. We’ll look at the full picture and give you an honest assessment of your position.