DERCKX/HONDIUS outcome-in turn been influenced by German aw, witness the Conclusion of dvocate-General Vranken, who in his dissenting conclusion does repeatedly refer to an essay by Hans Stoll. 6I Dutch law has so far only had to deal with cases of failed sterilisation. In many cases, a spontaneous re-canalisation results in renewed fertility without any wrong-doing by the surgeon. What may sometimes be reproached is that the surgeon often fails to wam the patient of this possible complication As for wrongful life, Dutch legal writers are in favour of such act ions. The Ho Raad has not yet had an occasion to pronounce itself on the issue. It did have the occasion to hand down a decision in a case involving medical liability, where not the injured child but its parents had chimed compensation of their loss. After the District Court allowed the ch im, both the Court of Appealand the Hoge Raad rejected it. 63 Correctly so under existing law. De lege ferenda a different system is to be preferred however. This is not wishful thinking. The Dutch govemment is preparing a bill to allow fixed immaterial damages to the relatives of the injured person 11 Conclusion The status and the protection of dignity of the embryo can be considered to be dynam ic along with progress in medical science and knowlegde and will always be dependent upon social opinions. That which is today considered to be impermissible will possibly be adm issible in the near future and vice versa. The Embryo Act is a typical example of the so-called consultation model( poldermodel )64Because of the Act s fairly vague points of departure the embryo has indeed not been outlawed but the results of future balancing of interests do not allow one to make any predictions beforehand. The evaluation of the Embryos Bill(within 4 years of its entry into force)will demonstrate whether the em bryo will be adequately protected in the Netherlands and/or whether the legislator s justifications for having opted for Hans Stoll, Haftungsfolgen im burgerhchen Recht/Ene Darstellung auf rechtsver glechender Grundlage, 1993, P. 280- 62. H.C.F. Schoordik, Wrongful life mede vanuit rechtsvergelijkend perspectief, NTBR 2001, p 212-218 Hoge Raad 8 September 2000, Nederlandse Jurisprzudentie 2000, 734(note by A R Bloember gen)(Baby Joost 64. In the Netherlands the noton of the consultation model is used n decsion-mak ing whereby, after a geatdeal of consultation with thevarious interest groups, a compromise is often reached. The legislator attaches geat importance to broad support within socety wth regard to a certain choice whih has to be made and thi is why vanous social organisations are consulted. Explanatory Memorandum, 2000/01, 27 423, no. 3, Pp 63-64. Accordng to some, the legislator pays too much attention to the vews of social organ sations and has too little personal respons ibility with regard t the obvious choices which have to bemade. An example is the Councilof State which has found the legislator s grounds somewhat too concise as far as explanations for the points of departure and arguments for taking certan decs ions are concemed, Parl Docs. IL, 2000/01, 27423, A, P 2. Te Braake, 2001, P. 49, agrees, as does Hulst, 2001, accord ing to whom the Embryos Bill is still in an embryonicstateDERCKX/HONDIUS 14 outcome - in turn been influenced by German law, witness the Conclusion of Advocate-General Vranken, who in his dissenting conclusion does repeatedly refer to an essay by Hans Stoll.61 Dutch law has so far only had to deal with cases of failed sterilisation. In many cases, a spontaneous re-canalisation results in renewed fertility without any wrong-doing by the surgeon. What may sometimes be reproached is that the surgeon often fails to warn the patient of this possible complica tion. As for wrongful life, Dutch legal writers are in favour of such actions.62 The Hoge Raad has not yet had an occasion to pronounce itself on the issue. It did have the occasion to hand down a decision in a case involving medical liability, where not the injured child but its parents had claimed compensation of their loss. After the District Court allowed the claim, both the Court of Appeal and the Hoge Raad rejected it..63 Correctly so under existing law. De lege ferenda a different system is to be preferred, however. This is not wishful thinking. The Dutch government is preparing a bill to allow fixed immaterial damages to the relatives of the injured person. 11 Conclusion The status and the protection of dignity of the embryo can be considered to be dynamic along with progress in medical science and knowlegde and will always be dependent upon social opinions. That which is today considered to be impermissible will possibly be admissible in the near future and vice versa. The Embryo Act is a typical example of the so-called consultation model ( poldermodel ).64 Because of the Act s fairly vague points of departure the embryo has indeed not been outlawed, but the results of future balancing of interests do not allow one to make any predictions beforehand. The evaluation of the Embryos Bill (within 4 years of its entry into force) will demonstrate whether the embryo will be adequately protected in the Netherlands and/or whether the legislator s justifications for having opted for 61. Hans Stoll, Haftungsfolgen im bürgerlichen Recht/Eine Darstellung auf rechtsvergleichender Grundlage, 1993, p. 280-286. 62. H.C.F. Schoordijk, Wrongful life mede vanuit rechtsvergelijkend perspectief, NTBR 2001, p. 212-218. 63. Hoge Raad 8 September 2000, Nederlandse Jurisprudentie2000, 734 (note by A.R. Bloember￾gen) (Baby Joost). 64. In the Netherlands the notion of the consultation model is used in decision-making whereby, after a great deal of consultation with the various interest groups, a compromise is often reached. The legislator attaches great importance to broad support within society with regard to a certain choice which has to be made and this is why various social organisations are consulted. Explanatory Memorandum, 2000/01, 27 423, no. 3, pp. 63-64. According to some, the legislator pays too much attention to the views of social organisations and has too little personal responsibility with regard to the obvious choices which have to be made. An example is the Council of State which has found the legislator s grounds somewhat too concise as far as explanations for the points of departure and arguments for taking certain decisions are concerned, Parl. Docs. II, 2000/01, 27 423, A, p. 2. Te Braake, 2001, p. 49, agrees, as does Hulst, 2001, according to whom the Embryos Bill is still in an embryonic state