Category: surrogacy

EP 110: Should the NHS be liable for commercial surrogacy expenses? – William Edis QC – Law Pod UK

Posted May 4th, 2020 in cancer, damages, foreign jurisdictions, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘Rosalind English discusses with William Edis QC a recent Supreme Court ruling that a woman could claim against the NHS damages that covered a commercial surrogacy arrangement that would be illegal in this country. The principle is now clear, and there is no parliamentary appetite to overturn it. You can get compensation to make a commercial surrogacy arrangements abroad, if negligence has deprived you of the ability of bearing your own children.’

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Law Pod UK, 1st May 2020

Source: audioboom.com

Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 28th, 2020 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘As a consequence of the admitted negligence of the Whittington Hospital in failing to detect signs of cancer, the claimant developed cancer of the cervix for which she required chemoradiotherapy treatment that led to infertility. The claimant decided to have their own biological children by surrogacy. The experts for the parties agreed that on the balance of probabilities the claimant would achieve two live births from her 12 cryopreserved eggs. If her cryopreserved eggs do not result in 3-4 children, the claimant intends to use donor eggs. Her first choice of surrogacy is California, primarily because surrogacy is lawful and binding there. She claimed damages in respect of the expenses of four pregnancies either in California or the UK using her own eggs and, if necessary, donor eggs.’

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UKSC Blog, 27th April 2020

Source: ukscblog.com

Whittington Hospital NHS Trust v XX [2020] UKSC 14 – Old Square Chambers

Posted April 20th, 2020 in appeals, cancer, chambers articles, damages, hospitals, negligence, news, Supreme Court, surrogacy by sally

‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’

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Old Square Chambers, 8th April 2020

Source: www.oldsquare.co.uk

Supreme Court holds hospital liable for commercial surrogacy — William Edis QC – UK Human Rights Blog

Posted April 7th, 2020 in appeals, cancer, damages, hospitals, human rights, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘The Supreme Court has held that a defendant hospital trust must pay for the cost of a commercial surrogacy arrangement abroad despite such arrangements being unlawful in the UK.’

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UK Human Rights Blog, 3rd April 2020

Source: ukhumanrightsblog.com

New Judgment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog

Posted April 6th, 2020 in appeals, cancer, damages, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by sally

‘The claimant in this case had a number of cervical smear tests carried out. Each test was negligently reported to the effect that the hospital failed to detect her cervical cancer, leaving her infertile. Before having chemo-radiotheraphy, the claimant had 8 eggs collected and frozen. She sought to have four children and her preference was for surrogacy arrangements in California on a commercial basis. The present appeal concerned the damages payable for the loss of her ability to have her own child. The High Court had dismissed the claimant’s claim for commercial surrogacy in California as contrary to public policy, and held that surrogacy using donor eggs was not restorative of the claimant’s fertility but allowed damags for own-egg surrogacies in the UK. The Court of Appeal found in favour of the claimant. The hospital appealed to the Supreme Court.’

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UKSC Blog, 1st April 2020

Source: ukscblog.com

UK woman wins claim for NHS to pay US surrogacy costs – The Guardian

Posted April 2nd, 2020 in cancer, children, damages, hospitals, negligence, news, pregnancy, surrogacy by sally

‘A woman who wants to have surrogate children through commercial agreements in California has won her claim that the NHS should pay for the treatment.’

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The Guardian, 1st April 2020

Source: www.theguardian.com

Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers

Posted February 26th, 2020 in chambers articles, children, families, news, parental rights, surrogacy by sally

‘The Law Commission is currently undertaking a review of the law on surrogacy, with many suggesting that the current legislation is out of step with societal change. Currently the Human Fertilisation and Embryology Act 2008 mandates that intended parents must apply to the courts for a parental order after the child’s birth, which transfers parental rights away from the surrogate mother.’

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Garden Court Chambers, 20th February 2020

Source: www.gardencourtchambers.co.uk

Surrogacy: Social media advertising plans prompt regulator warning – BBC News

Posted January 29th, 2020 in advertising, families, internet, Law Commission, news, pregnancy, surrogacy by sally

‘Social media adverts urging young women to become surrogate mothers could be allowed under Law Commission proposals.’

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BBC News, 29th January 2020

Source: www.bbc.co.uk

Case Preview: XX v Whittington Hospital NHS Trust – UKSC Blog

Posted December 17th, 2019 in cancer, damages, hospitals, negligence, news, Supreme Court, surrogacy by tracey

‘Will Lady Hale change her mind, 17 years on? On 16 and 17 December 2019 a panel presided over by Lady Hale will decide whether or not the Court of Appeal were correct last year in not following an earlier judgment of Lady Hale in a 2002 case concerning recovery of damages for the costs of surrogacy.’

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UKSC Blog, 16th December 2019

Source: ukscblog.com

Supreme Court to decide if NHS should pay for woman’s surrogacy abroad in historic ruling – The Independent

Posted December 16th, 2019 in appeals, cancer, compensation, hospitals, negligence, news, pregnancy, Supreme Court, surrogacy by tracey

‘Britain’s highest court will hear the case of a woman who is asking the NHS to pay for her to have surrogates birth her child in the US after the health service’s failure to spot her cervical cancer left her infertile.’

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The Independent, 16th December 2019

Source: www.independent.co.uk

Surrogacy: BBC Radio 4’s ‘The Archers’ storyline highlights legal issues for parents – Family Law

Posted October 4th, 2019 in birth certificates, change of name, news, surrogacy by tracey

‘Rachel Cooper, barrister, Coram Chambers, discusses current UK surrogacy legislation in relation to modern reproductive practices.’

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Family Law, 3rd October 2019

Source: www.familylawweek.co.uk

Surrogacy and HFEA update: Summer 2019 – Part 2 – Family Law Week

Posted August 14th, 2019 in news, surrogacy by michael

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent policy developments relating to surrogacy.’

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Family Law Week, 13th August 2019

Source: www.familylawweek.co.uk

Surrogacy and HFEA update: Summer 2019 – Part 1 – Family Law Week

Posted August 14th, 2019 in news, surrogacy by michael

‘Andrew Powell, barrister of 4 Paper Buildings, considers recent cases relating to surrogacy and HFEA.’

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Family Law Week, 13th August 2019

Source: www.familylawweek.co.uk

Lady Hale speaks on the evolution of the concepts of marriage and family – Family Law

Posted July 15th, 2019 in families, marriage, news, surrogacy by tracey

‘Lady Hale, President of the Supreme Court, has given a speech at the International Centre for Family Law, Policy and Practice on the subject of ‘What is a 21st Century Family?’. In her speech, given on 1 July but published yesterday by the Supreme Court, Lady Hale considers the evolution of the concept and history of the institution of marriage and the changes to the role of the family.’

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Family Law, 10th July 2019

Source: www.familylaw.co.uk

Surrogacy reforms to improve the law for all – Law Commission

Posted June 6th, 2019 in consultations, Law Commission, parental rights, press releases, surrogacy by tracey

‘The laws around surrogacy are outdated and should be improved to better support the child, surrogates and intended parents, the Law Commission of England and Wales and the Scottish Law Commission have announced today (06 June 2019).’

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Law Commission, 6th June 2019

Source: www.lawcommission.gov.uk

Surrogacy and legal parentage: let intentionality prevail: Part 2 – Family Law

Posted May 29th, 2019 in news, surrogacy by tracey

‘In the first part of this article, it was established that surrogacy law in England and Wales is in need of reform in a number of areas. Arguably, the most fundamental flaw of the current law is the fact that unlike its counterpart in Californian law, English law fails to allow the intentions of the intended parents and surrogates to shape the course of their surrogacy journey. A question then remains to be asked for the second part of this series – if intentionality is important to the functioning of surrogacy law, how can English law be reformed in order to allow intentionality to prevail?’

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Family Law, 29th May 2019

Source: www.familylaw.co.uk

Surrogacy and HFEA update: February 2019 – Family Law

Posted March 5th, 2019 in appeals, children, consent, disabled persons, families, news, parental rights, pregnancy, statistics, surrogacy by tracey

‘Andrew Powell, barrister, 4 Paper Buildings, considers recent developments relating to surrogacy law, including new guidance, as well as recent cases.’

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Family Law, 1st March 2019

Source: www.familylawweek.co.uk

Part 1 – Surrogacy and legal parentage: let intentionality prevail – Family Law

Posted March 1st, 2019 in children, news, parental responsibility, parental rights, pregnancy, statutory interpretation, surrogacy by tracey

‘In this new 2-part series, Mavis Amonoo-Acquah, a barrister at Lamb Building Chambers, discusses issues surrounding Surrogacy Law, Legal Parentage and proposed reform, in light of Californian Law precedents.’

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Family Law, 1st March 2019

Source: www.familylaw.co.uk

Opinion – My womb is my bond: Why every surrogacy arrangement should incorporate a contract – Family Law

Posted February 11th, 2019 in children, contracts, families, human rights, news, parental rights, pregnancy, surrogacy by tracey

‘Researcher Rachel Cooper, who recently completed an MA in medical law at King’s College London, argues that every surrogacy arrangement should incorporate a contract.’

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Family Law, 11th February 2019

Source: www.familylaw.co.uk

Remedial order permitting single applicants to apply for parental orders now in force – Family Law

Posted January 21st, 2019 in news, parental responsibility, surrogacy by tracey

‘Olivia Stiles, an associate at Kingsley Napley, looks at the Human Fertilisation and Embryology Act 2008 (Remedial) Order 2018, which came into force on 3 January and permits single applicants to apply for Parental Orders in respect of their biological children born through surrogacy.’

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Family Law, 21st January 2019

Source: www.familylaw.co.uk