Aronoff v. Snider, 292 So. 2d 418

BOARDMAN, Judge.

Appellants, minor children of Edward Aronoff, joined their parents in a “wrongful birth”¹ action. The complaint alleged, inter alia, that despite a vasectomy a fourth child was born to the family. The appellants allege in their brief that they have been damaged by this birth in that their share of love and affection, as well as more worldly interests, will be reduced from one-third to one-fourth.

We have carefully examined the record and reviewed the emerging law in this area. We conclude that the trial judge was eminently correct in entering a final judgment in accordance with appellees’ motion to dismiss the complaint as to the minor children. The concept of a cause of action in children for a “wrongful birth” is without foundation in law or logic.

Affirmed.

McNULTY, Acting C.J., and GRIMES, J., concur.

Notes

1

See Troppi v. Scarf, 31 Mich. App. 240, 187 N.W.2d 511 (1971).

Case Details

Case Name: Aronoff v. Snider

Court Name: District Court of Appeal of Florida

Date Published: Mar 29, 1974

Citations: 292 So. 2d 418; 73-682

Docket Number: 73-682

Court Abbreviation: Fla. Dist. Ct. App.