CanadaCan an unborn child sue its mother for injuries caused during pregnancy?
No, an unborn child cannot sue its mother for injuries caused during pregnancy. The Supreme Court of Canada ruled in Dobson v. Dobson that imposing tort liability on mothers for prenatal negligence would undermine maternal autonomy and raise serious policy concerns.
What the Law Says
Canadian law does not recognize a fetus as a legal person with independent rights before birth, and no statute creates a cause of action for an unborn child against its mother for prenatal injuries.
There is no federal or provincial statute in Canada that grants an unborn child the legal capacity to sue — or be sued — while in utero. Legal personhood, including the right to bring a civil claim, begins at birth, provided the child is born alive.
The common law, as affirmed by the Supreme Court of Canada, governs this area in the absence of statutory provisions. Courts rely on precedent and policy considerations rather than codified rules.
What Courts Have Said
The Supreme Court of Canada addressed this issue directly in Dobson v. Dobson, establishing that a child born alive cannot hold its mother liable in tort for negligent conduct during pregnancy.
The Court held that recognizing a duty of care owed by a pregnant woman to her fetus would interfere with her privacy, autonomy, and medical decision-making, and create unacceptable conflicts of interest within the family; such liability is therefore barred by fundamental policy considerations.
What to Do
Understand that Canadian law does not permit a child to sue its mother for prenatal injuries, even if born alive and injured.
Seek legal advice if injury arose from third-party conduct (e.g., car accident caused by another driver), as claims against non-mothers may still be viable.
Recognize that maternal health decisions remain protected by privacy and autonomy rights under Canadian common law and Charter principles.
Sources
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.