摘要： 错误出生（Wrongful Birth）是指父母因医方过错而不得不产下残障婴儿。我国宜适用侵权诉讼解决此类损害赔偿问题。在此类案件中，父母的优生优育权被侵害，因此产生了抚养费、治疗婴儿残障等费用的支出，并遭受精神痛苦。依据我国现行相关法律，父母的上述财产损害与精神损害都应该得到赔偿。

关键词: 错误出生, 优生优育权, 过错责任, 因果关系

Abstract: Wrongful birth case is arising from the disputes of compensation claimed by parents who have to give birth tobabies with disabilities caused by wrongful medical acts ．China should apply tort laws to settle this type of dis-pute. In those cases, parents' right of choice to practice eugenics is infringed, resulting in costs of upbringingand medical treatment expenses for babies with disabilities, as well as tremendous psychological pains for them tosuffer. According to current laws of China, both the property damage and moral damage of the disabled children's parents could be compensated．

Key words: Wrongful Birth, Right of Choice to Practice Eugenics, Fault Liability, Causality