Supreme Court allows damages for commercial surrogacy

3 Apr, 2020

In Whittington Hospital NHS Trust v XX [2020] UKSC 14, [2020], the Supreme Court held that a woman who had become infertile as a result of a hospital's negligence could recover damages to cover the cost not only of surrogacy arrangements using her own eggs, which had been frozen before her infertility, but also the cost of arrangements using donor eggs and the cost of commercial surrogacy arrangements in a country where that was not unlawful. 

Jake Richards examines the Court's decision in an article for LexisNexis which can be downloaded here.

This article was first published by LexisNexis on 3 April 2020.


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