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Abstract

Because the wrongful life cause of action has only recently been established, new cases from other jurisdictions become important and persuasive to courts dealing with this problem for the first time. Wrongful birth cases have already been decided in Virginia, South Carolina, Tennessee, and Kentucky, and inevitably North Carolina will also be faced with a wrongful birth and/or a wrongful life suit. Therefore, an in depth analysis of the Turpin v. Sortini decision in relation to North Carolina law is essential to enable courts and practitioners to meet the challenge of a wrongful life suit. This cause of action must be viewed in light of traditional tort liability, parent-child immunity, and current judicial decisions reflecting the attitude that in every situation some life is not always preferable to no life at all.

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