Excusing by statute the missing elements of torts of eugenic nondisclosure.

How can there be an opinion at all about nothing? Reflect: when a man has an opinion, has he not an opinion about something? Plato** The precepts of physicians and natural philosophers about generation should also be studied by the parents themselves. GENERAL INTRODUCTION This paper concerns eugenic opportunity lost as a consequence of nondisclosure of eugenic information. The two words which make that topic narrower than the collection of wrongful birth and wrongful life claims' are the words "eugenic" and "disclosure." Isolation of the eugenic subset of wrongful birth and wrongful life claims has implications for legal relations, 2 standards, 3 causation, 4 and damages.' Isolation of nondisclosure 6 as a ground for action and its separation from other behavior challenged in claims of wrongful life and birth has implications for the same elements as well as the element of breach. 7 The thesis of this article is that all elements of negligence are missing in wrongful life and wrongful birth complaints alleging nondisclosure of eugenic information. The author will illustrate that the resemblance of the elements of eugenic wrongful birth and wrongful life to classical negligence elements is superficial. Despite case law developments alleging uncareful therapy as a trespass and childbirth as the consequence, complaints alleging a nondisclosure of eugenic information as a wrong and alleging lost opportunity as the consequence are thoroughly alien to the tort of negligence.