What Is Wrongful Birth?

Hearing the phrase “wrongful birth” for the first time can feel jarring. It sounds stark and legal, and many parents worry that it carries judgement about them or their child. In reality, it is a technical term used within medical law, and it has a very specific meaning.

Families usually come across this phrase while searching for answers. They may have been told something during pregnancy that later turned out to be inaccurate. They may feel information was missing. Or they may wonder whether, if they had known more, they might have made different decisions.

Understanding what wrongful birth means can help bring clarity to a situation that often feels emotionally complicated.

The legal meaning of wrongful birth

Wrongful birth is a legal term used to describe situations where parents say they were not given accurate or complete information during pregnancy, and because of that, they were denied the opportunity to make an informed decision.

This might relate to:

  • results of screening or diagnostic tests

  • the likelihood of a baby being born with a particular condition

  • information about risks

  • advice about further investigations

  • how results were communicated

In these cases, the claim is not that a child should not have been born. The claim is that parents believe they should have had better information or different support when making decisions.

It is about the process of communication and consent, rather than the value of a person’s life.

Why the term can feel uncomfortable

Many parents dislike the phrase wrongful birth because it can sound as though someone is saying the child themselves is the problem. That is not what the law is trying to say, but it is easy to see why the wording can feel painful.

Most families who explore this area speak about love, commitment, and devotion to their child. At the same time, they may also carry anger, grief, or confusion about how information was handled.

Holding those feelings together can be very complex.

Situations where questions about wrongful birth arise

Every family’s story is different, but some common scenarios include:

  • screening results being misread or not followed up

  • a failure to offer testing that might usually be expected

  • reassurance being given that later proves inaccurate

  • delays in communicating important findings

  • unclear explanations about what results meant

Often, parents say that if they had known more, they would at least have prepared differently, sought specialist advice, or considered different options.

Why many families only ask years later

It is very common for questions about wrongful birth to surface long after pregnancy has ended.

In the early days, families are often focused on caring for their baby and adapting to new realities. Emotional survival takes priority. There may be little energy left to revisit what professionals said months earlier.

Later, when life becomes more stable, people sometimes begin to replay conversations or review paperwork. They may notice inconsistencies or realise that information was not as clear as they had believed.

Hearing other people share similar experiences can also act as a trigger for reflection.

The importance of informed decision-making in maternity care

Modern maternity care places strong emphasis on informed choice. This means professionals should provide information in a way that allows parents to understand options, risks, and uncertainties.

But in real life, conversations can be rushed. Medical language can be complicated. People may be frightened or overwhelmed. Even when staff are trying their best, misunderstandings can happen.

When parents later feel they did not fully grasp what they were being told, it can lead to deep frustration and sadness.

What families often want first

When people begin researching wrongful birth, they are not always looking for court action straight away. More often, they want to know:

  • What exactly were we told?

  • What should we reasonably have been told?

  • Were the results clear at the time?

  • Did professionals follow expected practice?

  • Have we misunderstood something?

Without answers to these questions, it is difficult to decide whether to approach a solicitor or take any further steps.

Understanding tends to come before action.

The challenge of reading maternity records

When parents obtain their records, they often hope everything will become clear. Instead, they are faced with technical terminology, abbreviations, and brief notes that can feel impossible to interpret.

It can be hard to tell whether a discussion was thorough, whether risks were explained fully, or whether options were presented neutrally.

This is particularly true when events happened many years ago and memories are uncertain.

How independent explanation can help

This is where Eleanor’s work can make a real difference.

Eleanor supports families who are trying to make sense of their maternity experience. Through an independent review of records, she can help explain what appears to have been happening, how information may have been interpreted at the time, and whether communication seems consistent with expected standards.

This process is not about pushing families towards legal action. It is about giving them a clearer understanding of their own story.

For some people, this brings reassurance. For others, it helps them feel more confident if they later seek specialist legal advice.

You are allowed to have mixed feelings

Parents sometimes worry that exploring wrongful birth means they are rejecting or criticising their child. In reality, many families hold deep love alongside unanswered questions about the care they received.

It is possible to be grateful for your child and still wonder whether information should have been handled differently.

Giving yourself permission to explore those feelings can be an important step.

Taking things at a pace that feels right

There is no deadline for wanting clarity, even though legal time limits may exist. Emotional readiness varies hugely from person to person.

Some families seek answers quickly. Others need years before they feel able to look back.

You are allowed to take the time you need.

A final thought

Wrongful birth is a legal phrase, but behind it are human stories about communication, expectations, and the need to understand.

If you find yourself wondering whether information during pregnancy was clear or complete, seeking explanation is not about blame. It is about making sense of your experience and feeling more confident in what you know.

If it would help to talk things through, Eleanor offers a free 30-minute consultation where you can describe what happened and explore whether a record review might provide the clarity you are looking for.

This article is for informational purposes only and does not constitute legal advice.

Eleanor Healer

About Eleanor Healer

I am an experienced midwife, lecturer, and International Board Certified Lactation Consultant (IBCLC) offering independent support for families and professional consultancy. My services include:

Lactation Support – Bespoke, evidence-based infant feeding support through home visits and packages.

Complaints Advice & Support – Independent reviews of maternity notes and birth stories, with guidance on writing complaints or seeking clarity.

Expert Witness Services – Pre-litigation opinions, case reviews, and CPR Part 35 compliant reports for solicitors, backed by Bond Solon training and a Master’s in Medical Law.

Professional Training & Education – Specialist teaching in midwifery, human rights in maternity care, and medico-legal education.

I bring over 20 years of midwifery experience and more than a decade of medico-legal expertise, ensuring compassionate, thorough, and objective support for both families and professionals.

https://www.eleanorhealermidwiferycare.co.uk
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