Whittington Hospital NHS Trust v XX [2020] UKSC 14 – Old Square Chambers
‘The Respondent (X) had been rendered infertile due to the trust’s negligence. Liability was admitted.’
Old Square Chambers, 8th April 2020
Source: www.oldsquare.co.uk
Category: surrogacy
Supreme Court holds hospital liable for commercial surrogacy — William Edis QC – UK Human Rights Blog
‘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.’
UK Human Rights Blog, 3rd April 2020
Source: ukhumanrightsblog.com
New Judgment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 – UKSC Blog
‘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.’
UKSC Blog, 1st April 2020
Source: ukscblog.com
UK woman wins claim for NHS to pay US surrogacy costs – The Guardian
‘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.’
The Guardian, 1st April 2020
Source: www.theguardian.com
Parental orders in surrogacy arrangements when partners are estranged – Garden Court Chambers
‘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.’
Garden Court Chambers, 20th February 2020
Source: www.gardencourtchambers.co.uk
Surrogacy: Social media advertising plans prompt regulator warning – BBC News
‘Social media adverts urging young women to become surrogate mothers could be allowed under Law Commission proposals.’
BBC News, 29th January 2020
Source: www.bbc.co.uk
Case Preview: XX v Whittington Hospital NHS Trust – UKSC Blog
‘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.’
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
‘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.’
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
‘Rachel Cooper, barrister, Coram Chambers, discusses current UK surrogacy legislation in relation to modern reproductive practices.’
Family Law, 3rd October 2019
Source: www.familylawweek.co.uk
Surrogacy and HFEA update: Summer 2019 – Part 2 – Family Law Week
‘Andrew Powell, barrister of 4 Paper Buildings, considers recent policy developments relating to surrogacy.’
Family Law Week, 13th August 2019
Source: www.familylawweek.co.uk
Surrogacy and HFEA update: Summer 2019 – Part 1 – Family Law Week
‘Andrew Powell, barrister of 4 Paper Buildings, considers recent cases relating to surrogacy and HFEA.’
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
‘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.’
Family Law, 10th July 2019
Source: www.familylaw.co.uk
Surrogacy reforms to improve the law for all – Law Commission
‘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).’
Law Commission, 6th June 2019
Source: www.lawcommission.gov.uk
Surrogacy and legal parentage: let intentionality prevail: Part 2 – Family Law
‘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?’
Family Law, 29th May 2019
Source: www.familylaw.co.uk
Part 1 – Surrogacy and legal parentage: let intentionality prevail – Family Law
‘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.’
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
‘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.’
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
‘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.’
Family Law, 21st January 2019
Source: www.familylaw.co.uk
Woman left infertile after NHS failed to detect cancer for four years awarded £580k to cover surrogacy costs – Daily Telegraph
‘A young woman left infertile because her cervical cancer was not spotted for more than four years has been awarded the costs of having surrogate children in America by the Court of Appeal.’
Daily Telegraph, 19th December 2018
Source: www.telegraph.co.uk
Lift ban on payments for surrogates, says Sir James Munby – Daily Telegraph
‘A ban on paying surrogate mothers should be lifted, the former head of the family court, has said.’
Daily Telegraph, 2nd December 2018
Source: www.telegraph.co.uk
