Two families are taking legal action against hospitals for not detecting their unborn children had Down syndrome.
Both Victorian couples claim they would have aborted the babies had they been aware of their condition and are seeking compensation.
The legal action surrounds a four-year-old girl and a two-year-old child.
The parents of the girl, born in July 2005, are suing the Royal Women's Hospital after claiming an ultrasound taken during the second trimester failed to detect Down syndrome.
It contradicted a previous scan that gave an early indication of the chromosomal disorder.
"Had the presence of Down syndrome been diagnosed at the time of the first trimester ultrasound and/or at the time of the second trimester ultrasound, a time frame which permitted the termination of the pregnancy, then the (mother) would have terminated the pregnancy," the Herald Sun quoted the statement of claim as saying.
The second case sees Western Health being sued over a child born at Sunshine Hospital in December 2007.
The parents claim they were not provided with the option of ante-natal screening and are suing for "depression, shock and anxiety" as well as "pain and suffering".
The Royal Women's is yet to file a defence while Western Health has denied any wrongdoing.
Both civil cases will be heard in court if they proceed.
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