Maryland does not have an independent cause of action for wrongful birth but, to some extent, embraces the concept within medical malpractice law. A Maryland “wrongful birth” claim would appear to require a doctor patient relationship with the defendant doctor or health care provider.
The damages in wrongful birth cases include the cost of raising the child to majority and future education costs. But missing from these damages is the priceless love and affection the child brings.
This makes wrongful birth claims in Maryland incredibly difficult. Because the parents have to contend that the cost of raising the child is more than the joy the child brings. This is a very tough argument for malpractice lawyers to bring because… well, the reason is pretty obvious.
If you are looking at this issue, look at the following cases:
Dehn v. Edgecombe, 152 Md. App. 657 (2003)
Reed v. Campagnolo, 332 Md. 226 (1993)
Jones v. Malinowski, 299 Md. 257 (1984)