In respect of births after the passing of the Congenital Disabilities (Civil Liability) Act 19761 there is a statutory right of action available to a child who is born alive but with disabilities which would not otherwise be present because of an occurrence before its birth which affected either parent's ability to have a normal healthy child, or affected the mother during pregnancy, or affected her or the child in the course of its birth2. Births prior to the commencement of the Act3 are governed by the common law which, after a period of some uncertainty, now provides the
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