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Inaccurate Conception: ACB v Thomson Medical

Foxton, T; (2018) Inaccurate Conception: ACB v Thomson Medical. Modern Law Review , 81 (2) pp. 337-348. 10.1111/1468-2230.12331. Green open access

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Abstract

This note considers the decision of the Singapore Court of Appeal in ACB v Thomson Medical [2017] SGCA 20, in which the plaintiff sought damages for the upkeep costs of a child conceived using sperm from someone other than her husband as a result of negligence by a fertility clinic. The Court held that upkeep costs could not be recovered as a matter of public policy, but recognised a new head of loss, namely damages for loss of genetic affinity. In a controversial ruling, the Court quantified these damages at thirty percent of the upkeep costs of the child. While holding that punitive damages could be recovered outside the categories recognised in Rookes v Barnard, the Court rejected such an award on the facts of the case.

Type: Article
Title: Inaccurate Conception: ACB v Thomson Medical
Open access status: An open access version is available from UCL Discovery
DOI: 10.1111/1468-2230.12331
Publisher version: http://doi.org/10.1111/1468-2230.12331
Language: English
Additional information: This version is the author accepted manuscript. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Wrongful conception; wrongful birth; public policy; damages; right of genetic affinity; punitive damages.
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/10069212
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