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A legal watershed: UK Supreme Court awards commercial surrogacy damages

BioNews have published a comment piece by specialist fertility and family lawyer Louisa Ghevaert on the landmark legal ruling by the UK Supreme Court on 1 April 2020 to award damages for commercial surrogacy in California. This important judgment helps improve fertility and family building options for victims of medical negligence. It marks a distinct change in UK public policy. It also provides further impetus for reform of outdated surrogacy law in the UK.

This enlightened legal ruling rightly recognises damages awards for surrogacy and donor conception following negligent loss of fertility and ability to bear a child. For the first time, this now includes costs for overseas commercial surrogacy in appropriate cases. However, this still only addresses small (albeit important) aspects of the UK fertility landscape and wider issues remain that urgently require intelligent law and policy reform.

Louisa Ghevaert provided expert evidence on surrogacy, donor conception and fertility law in this case. For more background information read our previous blog.

To read Louisa’s full comment piece in BioNews click here.

If you would like to discuss your situation or you require specialist fertility, surrogacy and family law advice and assistance please contact Louisa by email louisa@louisaghevaertassociates.co.uk  or by telephone +44 (0)20 7965 8399.

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