Abstract：Wrongful birth sues refer to the cases in which a puerpera is not informed of the possible risks or recommended for further examination by the hospital in the former prenatal care ( which may mislead her to believe that she is in good condition) , while later giving birth to a baby with congenital diseases, disability or deformity. In Anglo-American law system, the above cases are often handled with as torts, while in the judicial practice of our country, there is a concurrence of claims: the puerpera may either sue the hospital for breach of the medical service contract which results in her loss of option to terminate pregnancy, or sue the hospital for infringement of her right to know the information and right of sound child rearing. Obviously, the final outcomes of the two different processing modes are different, hence different corresponding protection of rights.

Keyword：wrongful birth;Anglo-American law system;concurrence of claims;defaults;tort;