Successful Surrogacy Claim

3 Min Read

Claire LeslieEnable Law’s Claire Leslie successfully settles case for surrogacy costs for a substantial sum. The claim was settled out of court, and will enable the Claimant the opportunity to complete her family through surrogacy.

This follows the case of XX v Whittington in 2017 which was the first case where the cost of two rounds of surrogacy in the UK was awarded and an appeal in the court of appeal was handed down this morning.

Court judgment allowing commercial surrogacy and donor eggs

This morning the Court of Appeal confirmed that women who have been left infertile by negligent treatment will now be able to claim costs of pursuing commercial surrogacy abroad where they are able to pay the surrogate to carry the child which is not legal in the UK. This is a significant development in the law which had previously restricted Claimant’s to find surrogates in the UK. The benefit of commercial surrogacy (eg, in California) is that parents can obtain pre-birth orders confirming their legal status, which is not possible in the UK. This can often result in UK surrogacies being extremely stressful for parents who have already been through so much. However, the costs of commercial surrogacy can be in excess of £100,000 making it almost impossible to achieve without a successful negligence claim and these costs being allowed.

What is more, the Court has also agreed that the Claimant in the XX case can use donor eggs if her eggs are not viable and these costs can also be recovered as part of the claim. This really is a ground-breaking decision. Society’s view on what makes up a ‘family’ is ever developing and this case shows that the Law is finally catching up.

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This decision is very positive to anyone who has suffered infertility due to negligent treatment. It gives reassurance that the Courts are willing to actually make awards for surrogacy costs in the UK and try and look practically at how this can actually be achieved.  We consider this is a positive step for access to justice for these women and their families.

If you believe you may have suffered negligent treatment which has led to infertility then please contact us so we may investigate your claim for you. Claire Leslie is a senior lawyer in our team with experience working for women with fertility issues and is actively pursuing claims for surrogacy costs on behalf of our clients.

Please call Claire on 03303 116770 or email to discuss your potential claim.