The French Case: Can Being Born Be a Legal Injury?
In France, the question of whether being born can constitute an injury recognized by law famously arose in the so-called “Perruche case.” This legal dispute centered around Nicolas Perruche, who was born with severe disabilities after his mother contracted a serious illness during pregnancy. Due to a medical information failure, she wasn’t sufficiently informed of the risks to her unborn child or the option to terminate the pregnancy.
The case led to a famous decision by the French Cour de Cassation (France’s highest court) in November 2000. The ruling generated massive public debate and ultimately resulted in the adoption of Article L. 114-5 of the French Public Health Code. The law now explicitly states:
“No one can claim to be harmed solely by the fact of being born.”
However, what’s true in France isn’t necessarily the norm everywhere. In other countries, some children have taken their grievances about being born as far as suing their own parents.
From Philosophy to Viral Videos: The Global Spread of the Idea
The very idea might sound strange: How could a child possibly consent to being born, when—well—they don’t exist yet? By that logic, no one could ever be born with consent. But as odd as it seems, this argument actually made its way into a real lawsuit in India in 2019. A young man who described himself as an “anti-natalist” brought his parents to court, claiming, essentially, that he had not agreed to be brought into existence.
Going Viral in the United States: Kass Theaz and the Power of TikTok
In the United States, the story hit mainstream social media thanks to Kass Theaz, a TikToker who went viral after complaining about being born without her consent. As she put it herself:
“I never consented to being here.”
Unlike her Indian philosophical counterpart, though, her reasons were less abstract. Kass Theaz described her complaints in very practical (and somewhat tongue-in-cheek) terms:
“I had no idea I’d have to grow up and get a job to support myself. They didn’t even try to contact me before I was born to check if I wanted to be here!”
Not surprisingly, her argument left many internet users feeling more confused than convinced. Their confusion only deepened when they discovered that Kass Theaz herself had children. How could she object to being born when she had brought kids into the world herself? Kass responded:
“I know I’ve said it’s unethical to have children, but it’s different when you adopt. It’s not my fault they’re here. I’m just trying to be a good person and help them.”
The Truth Behind the Viral Sensation
In reality, the biggest difference between Kass Theaz’s story and the Indian case is simple: hers was a hoax. Kass never actually sued her parents. She didn’t reveal this in her videos, but later explained it in an interview with the New York Post on May 25:
“I thought it was obvious I was joking,”
she told the paper. Kass expressed surprise that people online had taken her TikTok posts at face value.
“I find it funny, actually. People get mad about anything. It just shows how little research people do before reacting,”
she said. Still, as bizarre as lawsuits over being born might seem, there have in fact been real-life precedents.
John is a curious mind who loves to write about diverse topics. Passionate about sharing his thoughts and perspectives, he enjoys sparking conversations and encouraging discovery. For him, every subject is an invitation to discuss and learn.
