State liability for wrongful conception : Its application in the Mexican legal system

Abstract

The responsibility of the State for the actions of its officials, little by little, has been expanding to all public spheres, and even begins to consider acts that transcend the life project of the governed, generating an affectation that lasts in the future time; In some countries, lawsuits have been filed against the State for the birth of a child that was not wanted, when its birth derives from deficient medical action in a process of sterilization, contraception or voluntary termination of pregnancy, resulting in what is has called wrongful conception. The purpose of this work is to analyze whether in Mexico, based on the parameters established in the Constitution and regulatory laws for the patrimonial responsibility of the State, to obtain compensation for wrongful conception, based on the assumption of a deficient provision of the medical service, which violates, among other human rights, the free development of personality and reproductive self-determination