Recovery of child-rearing damages in wrongful parentage cases has deeply divided courts across the United States. Depending on the state in which parents find themselves, they may be able to recover no, some, or all child-rearing damages. Despite the great divide in recovery schemes, all states, with the exception of the few that allow parents the opportunity to fully prove and recover all childrearing damages, have one thing in common: they severely abuse and misuse the tort benefit rule. This article examines the manner in which the benefit rule has been misused in wrongful parentage cases and illustrates how this misuse represents courts' misunderstanding of the injury suffered by the plaintiffs. This article concludes that a proper application of the tort benefit rule and a proper understanding of the injury in wrongful parentage cases require courts to allow plaintiffs the opportunity to fully prove and recover all child-rearing damages.
Kathryn C. Vikingstad,
The Use and Abuse of the Tort Benefit Rule in Wrongful Parentage Cases,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol82/iss2/27