It seems inevitable that new causes of action will evolve as more childless couples resort to the use of the new reproductive methodologies. The prenatal tort claims abounding in precedent today lay a firm foundation for the recognition of a new form of tort liability. This Note will first examine briefly the history of prenatal torts, and present the status of recovery today. The Note will then examine the history and current status of the doctrine of parent-child immunity in the United States. Concentrating on these two concepts, the nature of a tort claim by an injured child for prenatal injuries proximately caused by the surrogate mother's negligent conduct, based upon medical evidence of the effects of inadequate prenatal care on the health of the developing fetus, will be investigated. It will be suggested that the imposition of liability on the negligent surrogate mother is the only just and fair method by which an infant may seek redress for its injuries.
Note, Surrogate Motherhood and Tort Liability: Will the New Reproductive Technologies Give Birth to a New Breed of Prenatal Tort, 34 Clev. St. L. Rev. 311 (1985-1986)