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<p>Family planning-related harm is keeping the courts busy: Until November 2023, the Austrian Supreme Court of Justice differentiated in its tort law between cases of wrongful birth (birth of a&#xa0;disabled child due to errors in prenatal diagnosis) and wrongful conception (birth of a&#xa0;child after failed contraception). In a&#xa0;decision by an enlarged panel on November&#xa0;21, 2023, 3&#xa0;Ob 9/23d, it was announced that these two cases would be treated equally under tort law in the future and that, in cases of medical malpractice, full child support costs would be awarded as damages. The Court of Justice of the European Union will soon decide whether Eurogine&#xa0;S.L. (Sociedad Limidada), as the manufacturer of a&#xa0;defective intrauterine device, is liable for lost earnings following an unwanted pregnancy (product liability).</p>

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Neues vom Obersten Gerichtshof zum „Familienplanungsschaden“

  • 期刊论文

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  • 发表日期：

    2026年4月15日

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  • Matthias Neumayr

摘要

Family planning-related harm is keeping the courts busy: Until November 2023, the Austrian Supreme Court of Justice differentiated in its tort law between cases of wrongful birth (birth of a disabled child due to errors in prenatal diagnosis) and wrongful conception (birth of a child after failed contraception). In a decision by an enlarged panel on November 21, 2023, 3 Ob 9/23d, it was announced that these two cases would be treated equally under tort law in the future and that, in cases of medical malpractice, full child support costs would be awarded as damages. The Court of Justice of the European Union will soon decide whether Eurogine S.L. (Sociedad Limidada), as the manufacturer of a defective intrauterine device, is liable for lost earnings following an unwanted pregnancy (product liability).