Are surrogacy costs a legitimate claim?


A simple difference of opinion can have many repercussions.

UK Human Rights Blog

XX v Whittington Hospital NHS Trust 2017 EWHC 2318 (QB) (18 September 2017)  [HQ15C04535]

Podcast about this case now downloadable

Commercial surrogacy arrangements are considered to be against public policy in the UK and therefore illegal. Surrogacy in the UK is only legal where there is no intention to make a profit – though reasonable expenses are recoverable. Where legal surrogacy is
carried out the surrogate mother is the legal mother of the child. In this case the claimant had suffered injury due to the hospital’s failure to diagnose her cervical cancer in time. She had to undergo chemotherapy and radiation treatment which, amongst other things, damaged her uterus so she was unable to bear and carry a child. Before the treatment she had her eggs frozen.

The hospital admitted negligence. As part of her damages claim she sought the expenses she would incur for a commercial surrogacy arrangement in California. She wished…

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