The WLR Daily case summaries
[2019] WLR(D) 10
Court of Appeal
XX v Whittington Hospital NHS Trust
[2018] EWCA Civ 2832
McCombe, King, Nicola Davies LJJ
2018 Nov 7, 8; Dec 19
Damages— Personal injuries— Loss of opportunity to have children— Defendant health authority's negligence leaving claimant adult female unable to have children— Claimant seeking damages for costs of commercial surrogacy arrangement in California using own eggs— Commercial surrogacy arrangements unlawful in England— Alternate claim for costs of surrogacy arrangement in United Kingdom, using own eggs or those of donor— Whether damages to be awarded— Whether award of damages to cover cost of commercial surrogacy arrangement in California contrary to public policy— Whether correct to differentiate between “own egg” and “donor egg” surrogacies— Whether costs of “donor egg” surrogacy arrangement recoverable—
Surrogacy Arrangements Act 1985 (c 49), s 2(1) (as amended by Human Fertilisation and Embryology Act 2008 (c 22), s 21(aa)), ss 59(3)-(6)