The Weekly Law Reports
[2019] 3 WLR 107
Court of Appeal
XX
v
Whittington Hospital NHS Trust
[2018] EWCA Civ 2832
2018 Nov 7,
8;
Dec 19
Dec 19
McCombe, King, Nicola Davies LJJ
Damages— Personal injuries— Loss of opportunity to have children— Claimant unable to have children because of defendant’s negligence— Claimant seeking damages for costs of surrogacy arrangements— Commercial surrogacy arrangements unlawful in England— Whether contrary to public policy to award damages for costs of commercial surrogacy arrangements in California— Whether damages for surrogacy arrangements using donor’s eggs recoverable—
Surrogacy Arrangements Act 1985 (c 49), s 2(1) (as amended by Human Fertilisation and Embryology Act 2008 (c 22), s 59(3)(b))