header-logo header-logo

10 June 2020 / Chris Bryden , Adele Pullarp
Issue: 7890 / Categories: Features , Family , Damages
printer mail-detail

Surrogacy: Finding middle ground

22342
Adele Pullarp & Chris Bryden discuss the potential for improving the surrogacy process for both parents & surrogates—& advocate its modernisation
  • In Whittington Hospital NHS Trust v XX the Supreme Court held by a 3-2 majority that the cost of foreign commercial surrogacy arrangements was in principle recoverable as damages in tort, regardless of whether the claimant’s own eggs or donor eggs were to be used, and that this was not contrary to public policy.
  • While commercial surrogacy arrangements are illegal in the UK, the judgment reflects society’s changing attitude to surrogacy, and the reality that payments to surrogates exceeding reasonable expenses are approved by the courts.

In Whittington Hospital NHS Trust v XX [2020] UKSC 14, [2020] All ER (D) 05 (Apr) the claimant was born in 1983. She had cervical examinations in 2008 and 2012 which were negligently wrongly reported by the hospital. The errors were discovered in 2013, at which point the claimant had cervical cancer at an advanced stage, and she was advised to have chemo-radiotherapy which would result in her being

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
back-to-top-scroll