UK Supreme Court says commercial surrogacy is no longer against UK public policy

Natalie Gamble and Heidi Burrows have had an article published in the latest edition of The Review (published by Resolution, a family justice professionals’ organisation) about an important new Supreme Court decision. 

The case of Whittington Hospital NHS Trust v XX [2020] UKSC 14 involved a negligence claim brought by a woman who sought compensation to fund surrogacy in the USA after a series of medical failures left her unable to carry a pregnancy. The Supreme Court was asked to rule on whether she should be compensated for surrogacy in the USA (where professionally-arranged and compensated surrogacy is the norm) or only for surrogacy in the UK (which seeks to restrict what agencies and surrogates can be paid).

In an important decision, the Supreme Court ruled that times have moved on and it is no longer against UK public policy for someone from the UK to engage in an international commercial surrogacy arrangement, provided that the country has a well-established system which properly safeguards the interests of all involved. Indeed, doing so was understandable given the limitations of the UK legal framework and the claimant therefore should be compensated for the costs of surrogacy in the USA.

In their article for the Review, Natalie and Heidi discuss the significance of this Supreme Court decision and how it may impact on the Law Commission’s current review of UK surrogacy law. 

You can read the full article here (as pdf).

At NGA Law, we dealt with the UK’s very first international surrogacy case and now deal with more international surrogacy cases than any other UK lawyers. If you would like to talk to us about your surrogacy plans, we would be very happy to advise and please do get in touch on hello@ngalaw.co.uk or on 020 3701 5915.