Sun. Jun 20th, 2021

The state’s highest court Friday morning ruled a state law barring wrongful birth lawsuits is valid and constitutional.

The decision was spurred by a couple trying to sue a doctor for failing to detect abnormalities in the fetus before the child was born. In 2014, Katherine A. Goodpasture provided an ultrasound that reported a fetus with a normal anatomy, but the parents alleged there should have been severe structural deformities and brain defects reflected.

Alysia R. Tillman, the mother, eventually gave birth to a child with “severe and permanent neurological, cognitive, and physical impairments.” The parents alleged that the doctor’s negligence in reporting an accurate ultrasound deprived Tillman of her right to make an informed decision about her options ― one can assume abortion as a possibility.