胎児に対する不法行為と損害賠償請求(一)

概要

論文の詳細を見る
In Japan, the United Kingdom and the United States, a child who is born disabled is able to file a claim against the person who injured him or her in the mother's womb. On the other hand, in Japan and the UK, it is traditionally considered that a fetus is not a person and there are no legal rights for a stillborn child who died in the mother's womb. Consequently, in Japan the parents of a stillborn child are not able to recover damages as administrators for the wrongful death of their child. They are only able to recover damages for pain and suffering related to the stillbirth of their child. In more than 30 states of the USA, the parents of a stillborn child may recover damages as administrators for the wrongful death of their child if the injury that causes the subsequent death is inflicted after the fetus becomes viable. Today, some states allow that the representative of a stillborn child can recover damages for the wrongful death of the child, even if the injury that causes the subsequent death is inflicted before the fetus becomes viable. The legal status of a fetus in Japan is lower than that of a fetus in the USA. According to the progress of medical science, a fetus is coming up to the status of being "a person". So we must change the legal status of a fetus to keep up with the status in medical science.
北海学園大学の論文
2006-03-31