Louisa Ghevaert has dealt with numerous leading international children law cases in the UK, including:
Re X,Y and Z (Children: Parental Orders: Time Limit)  EWHC 198 (Fam), an important legal ruling where the English High Court stepped in and granted parental orders for 3 surrogate born children following complex international conflicts of law between the US (California & Oregon), Denmark and the UK, extending the six-month statutory deadline for issue post birth and carefully navigating complex legal issues associated with the collapse of a US surrogacy agency, a pending criminal charge of assault against one of the intended parents and serious legal difficulties in Denmark where Danish authorities threatened to deport the children.
Whittington Hospital NHS Trust v XX  UKSC 14, a landmark ruling where the UK Supreme Court by a majority of 3:2 dismissed the defendant hospital’s appeal. This enabled the recovery of damages for commercial surrogacy, donor conception and fertility treatment in the US for a woman rendered infertile and unable to carry a pregnancy following a delay in detecting cancer in smear tests and biopsies. Louisa Ghevaert gave expert evidence in the case, which featured in The Guardian (1 April 2020) and in BioNews (6 April 2020).
XX v Whittington Hospital NHS Trust  EWCA Civ 2832, where for the first time the Court of Appeal awarded damages for the costs of fertility treatment, donor eggs and commercial surrogacy in California following a dispute about a woman rendered infertile and unable to carry a pregnancy following a delay in detecting cancer in smear tests and biopsies. Louisa Ghevaert gave expert evidence in the case, which featured in The Telegraph 19 December 2018 and The Times, The Telegraph, The Mail Online and The Mirror on 27 January 2019.
AB v CD, EF, GH & IL  EWHC 1590 (Fam), representing an intended mother in international (UK and Australia) contested assisted reproduction and modern family law proceedings in the High Court concerning 2 Indian surrogate born children. This case marks a legal first in the treatment of blended families in the UK following assisted reproduction, divorce, re-marriage, serious allegations of domestic violence and abuse as well as the legal status, parentage and identity of two surrogate born children, their biological, intended and social parents and arrangements for the children’s care and upbringing.
In Re C  EWHC 2408 (Fam), obtaining a parental order (legal parentage) for intended parents who conceived a child through a Californian (USA) commercial surrogacy arrangement. This case redefines the English Court’s approach to the authorisation of commercial payments in view of the UK public policy restriction against commercial surrogacy.
In Re IJ (a Child)  EWHC 921, obtaining a parental order (legal parentage)for British parents whose surrogate born child was born stateless and parentless in Ukraine. The case highlights the legal difficulties associated with foreign surrogacy and the importance of expert legal advice.
In Re L (a minor)  EWHC 3146 (Fam), obtaining a parental order (legal parentage) for British parents who conceived a child with a US surrogate mother (in Illinois, USA). The case marks a legal watershed ruling that the welfare of the child is decisive over the public policy ban on commercial surrogacy in the UK except in the clearest cases of abuse of public policy and featured in The Telegraph (8 December 2010).
In Re X and Y (foreign surrogacy)  EWHC 3030 (Fam), being the first case in UK legal history to test the law for British parents conceiving through an international commercial surrogacy arrangement in the Ukraine and which involved complex and ground-breaking legal issues in successfully securing a parental order (legal parentage), featured in BioNews (January 2009)
Read more in our Well Known Cases section.
Our expert international children, fertility and family lawyer Louisa Ghevaert also regularly commentates on international assisted reproduction law and family law for modern families in the press, podcasts, articles and publications.
“Netflix’s Our Father: DNA testing, paternity disputes and questions about biological and legal parentage”, (Louisa Ghevaert Associates blog, 16 May 2022).
“International surrogacy law: existing conflicts unresolved” (BioNews, comment piece by Louisa Ghevaert 14 March 2022).
“Denmark Threatens To Deport Surrogate-Born Children” featuring Louisa Ghevaert (Above the Law, 9 February 2022).
“The global legal identity gap”, Louisa Ghevaert Associates blog (21 August 2020).
“The UK Supreme Court awards damages for commercial surrogacy” (BioNews, comment piece by Louisa Ghevaert, 6 April 2020).
Click here to read more about our media and commentary work in relation to family and fertility law, policy and practice.