In a wrongful birth suit, the plaintiffs allege that they would not have allowed a pregnancy to proceed to term if they had known that their child would suffer from serious birth defects or a life-threatening disease. Wrongful birth suits are brought by the parents of the child, whereas another type of lawsuit, called wrongful life, is brought by or on behalf of the child himself. Some states have statutes that prohibit wrongful life suits, and some also prohibit wrongful birth suits. A third type of birth-related lawsuit is for wrongful conception. Such claims arise when a sterilization technique fails and a pregnancy results. Wrongful conception cases generally involve facts that make the pregnancy or resulting birth especially troublesome, such as when one or both of the parents carry the genetic markers for a serious disease, or when a pregnancy would threaten the life of the mother.

A wrongful birth suit is similar to a medical malpractice suit. The allegations underlying the lawsuit may state, for instance, that had a prenatal test been performed, a serious birth defect would have been detected and the parents would have elected to terminate the pregnancy. The failure to perform the test, they would argue, constitutes medical malpractice. If the test would have been performed as a routine part of prenatal care, or if the test would have been appropriate based on the particular patient's history or symptoms, malpractice may be established.

The first step for parents considering bringing a wrongful birth suit is to contact an attorney. The attorney will review the facts of the case and, with the help of medical experts, all of the pertinent medical records. The lawyer will then determine whether in his or her opinion the parents have a valid claim. If so, the parents may decide to retain the attorney by signing a written agreement. In many cases, the attorney will work for a contingent fee, which means that there will be no fees to pay unless the parents win their case. There will, however, be certain expenses that generally must be paid regardless of the outcome.