XX v Whittington Hospital NHS Trust

Subject Matter

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 damages for costs of non-commercial surrogacy arrangements using claimant’s or donor’s eggs recoverable — Whether contrary to public policy to award damages for costs of commercial surrogacy arrangements in California — Surrogacy Arrangements Act 1985 (c 49), s 2(1)

[2018] EWCA Civ 2832; [2021] AC 275; [2019] 3 WLR 107; [2019] WLR(D) 10, CA

[2020] UKSC 14; [2021] AC 275; [2020] 2 WLR 972; [2020] 4 All ER 93; [2020] WLR (D) 207; Case details, SC(E)

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)

[2018] EWCA Civ 2832; [2021] AC 275; [2019] 3 WLR 107; [2019] WLR(D) 10, CA

Appellate History

Commentary

UK Human Rights Blog
Are surrogacy costs a legitimate claim? Case Comment

UK Supreme Court Blog
New Judgment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 Case comment

UK Human Rights Blog
Supreme Court holds hospital liable for commercial surrogacy Case comment

UK Supreme Court Blog
Case Comment: Whittington Hospital NHS Trust v XX [2020] UKSC 14 Case comment