A recent High Court case has confirmed for the first time that, in very limited circumstances, where a woman suffers fertility issues because of clinical negligence she may be able to claim compensation to cover the costs of having a child through surrogacy. 

In this case, the claimant's doctors had negligently failed to diagnose cancer of her cervix until it was at such a late stage as to require major surgery and chemo-radiotherapy. Sadly, the claimant's treatment left her unable to conceive or carry a child.

The court awarded the claimant damages to cover surrogacy costs, albeit limited to an amount sufficient to fund a surrogacy arrangement in the UK rather than abroad, and using the claimant's own eggs rather than donated eggs. 

If you need advice on the legal issues around surrogacy or fertility law more generally, please do get in touch. If you find yourself in the distressing situation of having to deal with fertility issues that you think may be the result of substandard medical care, we also have a specialist clinical negligence team who can advise and assist you.