Rob Weir, ‘Surrogacy; simply claim what’s reasonable: analysing XX v Whittington Hospital NHS Trust

INTRODUCTION
Surrogacy is when a woman carries and gives birth to a baby for another person or couple. There are two types: full or gestational surrogacy where the eggs of the intended mother or a donor are used so that there is no genetic connection between the baby and the surrogate; and partial or traditional surrogacy where the surrogate’s egg is fertilised with the sperm of the intended father. In XX v Whittington Hospital NHS Trust, the defendant NHS Trust failed to diagnose cervical cancer for some years as a result of which the claimant had to undergo chemo-radiotherapy which rendered her unable to bear a child. But for their negligence, she would have been able to bear children. As it was, the claimant was at least able to harvest some eggs before undergoing the treatment. The claimant made a claim for damages …

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Rob Weir QC, ‘Surrogacy; simply claim what’s reasonable: analysing XX v Whittington Hospital NHS Trust’ [2020] Journal of Personal Injury Law (3) 182-188.

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