Abstract

GONZALEZ SOLANO, Gustavo. El derecho "a no nacer" en el sistema jurídico costarricense. Med. leg. Costa Rica [online]. 2002, vol.19, n.2, pp.45-52. ISSN 2215-5287.

The techniques of assisted humor, reproduction, biotechnology and the modern medical expertise give us the capacity to decide when a child is going to be born with congenital defects. In these cases, it has been considered a right for the child, to be paid (trough his parents) for the way he was born, consequence of a medical mal praxis. In this essay we compare other juridical ordainments with the Costa Rican, which has an exclusive peculiar situation, that makes it possible to apply and legalize some "curios" situations, like the fetus as a person, with the novelty of the way he can demand the payment.

Keywords : Abortion; not born; fetus; person not born; medical mal praxis; money penalty; life of the mother; life of the fetus; obligation of kill.