Woman asking nhs to pay for US surrogacy

[hoorayforharoldlloyd]

A woman whose cervical cancer was missed by the NHS is suing for over £500k to enable surrogacy of 4 children in the US as she wants the legally binding contract that isn't available here.

Initial ruling found against her, appeal court for, going to supreme court.

Very concerning for opening the way to commercial surrogacy in this country.

God I hope there is some kind of appeal. This judgement at this time is bloody awful. No way should the NHS that can't provide PPE for frontline medical staff or enough ventilators for sick people for that matter be funding shit like this.

Appealing will cost money though. The NHS may decide it's not worth it, but then risk opening the floodgates.

Ereshkigalangcleg

There is no consensus that the UK public no longer considers commercial surrogacy repugnant

Genuine ignorant question, Dido -is that mandate needed for legal change?

No, judicial led law evolves as society and attitudes change. It's an organic process- something which used to be acceptable no longer is.

Given there is an ongoing consultation on surrogacy I cannot see how that evolution can possibly have happened.

But the consultation takes as its starting point what Lady Hale said

"The government now supports surrogacy as a valid way of creating family relationships,"

And it certainly doesn't seek to debate whether surrogacy should be allowed. It seeks to open it up to commercial interests and change the law around acquisition of legal parenthood in favour of commissioning parents.

As for appealing - this was the appeal to the Supreme Court. Is there any higher body to go to? Maybe a European court but I don't know where UK stands with that what with Brexit....

I contacted my MP and had a telephone call with him a couple of weeks ago. He knew nothing about the consultation and seemed genuinely shocked about some of the proposals. He's a staunch Catholic so I expected him to be on side. (I don't think we're meant to name our MPs in these discussions?) Anyway he's quite high up/influential. He has written to me to say he has written to the Lord Chancellor. I'm going to forward this judgement to him. I don't know. Can he speak to the Lord Chancellor? Can the Lord Chancellor do anything?

But the consultation takes as its starting point what Lady Hale said

"The government now supports surrogacy as a valid way of creating family relationships,"

No it doesn't. "Supports surrogacy" is not the same as what she said and she is pre-empting the outcome.

I don’t think people should be able to Sue the NHS. It costs them too, mistakes happen.

I'm not arguing the point Dido , you obviously have legal understanding that I don't and the precise meanings of words likely differ for you and me, not to mention your knowledge of how law evolves and its interpretation in respect of this case. But here is a page from the short summary of the consultation.

Guidance from The Dept of Health and Social Care states:

"The government supports surrogacy as part of the range of assisted conception options."

For what it's worth, if I, in my past life as a midwife, and in the absence of this consultation, read that line I would interpret it as an instruction to be pragmatic and non judgmental, that pregnant women arriving in the antenatal clinic claiming their pregnancy was a surrogate arrangement, still were entitled to the same standard of maternity care as any other pregnant woman. There's a big leap from that "support" to going hell for leather promoting it, creating new laws to tighten the protections for the commissioning parents at the expense of protecting the woman giving birth to the baby, paying for women to have surrogate babies in the USA etc

Also, for general information for anyone reading this thread, how many people knew that in Scotland and Wales the NHS will pay for surrogate IVF (the impregnation of a surrogate) as part of fertility treatments available.
I didn't, I just recently came across this snippet in the consultation paper having missed it previously.

People absolutely should be able to sue the NHS in cases of gross negligence as money is often the only thing that makes anyone listen/ get change.

All those babies that died unnecessarily at the same hosp as an example. Dismissing all cases as 'mistakes' means much less likelihood of improvement, and also is a pretty shit thing for the parents. Oh it was just a mistake. Plenty of other cases.

I am so disappointed in Lady Hale’s comments and confused by what’s been said. How can UK taxpayers pay for someone to travel overseas for commercial, contractually binding surrogacy that isn’t legal in the UK?

There’s a Department of Health source from 2018 here (only applicable to England and Wales) which includes the ‘government approval’ mantra, which seems to be being trotted out at the moment as if it should close down debate around surrogacy.
What an odd argument. Quick- we’d better stop debating the government Coronavirus response, how much of our tax money the government should give to the NHS or what our Brexit policies should be... because the government already has a position on that?

assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/843890/Surrogacy_guidance_for_intended_parents_and_surrogates.pdf

Surrogacy is increasingly becoming an option for starting a family for people who are unable to conceive a child themselves. This guidance is intended to give the reader key information about surrogacy and the relevant legal process in the UK.
The Government supports surrogacy as part of the range of assisted conception options. Our view is that surrogacy is a pathway, starting with deciding which surrogacy organisation to work with, deciding which surrogate or intended parent(s) (IP(s)) to work with, reaching an agreement about how things will work, trying to get pregnant, supporting each other through pregnancy and then birth, applying for a parental order to transfer legal parenthood and then helping your child understand the circumstances of their birth. This guidance gives more information about each stage.

Whats the source for where the UK government has ‘supported’ UK surrogacy taking place outside of IVF clinics, or anywhere the government have supported commercial surrogacy within or outside of the UK?

I also note how the language implies surrogacy as ‘work’ here- well if it’s ‘work’ then where’s the workplace pension, tax, insurance, training, workplace regulations and protections and working hours restrictions for surrogates..?

She might be entitled to financial compensation, but expecting the NHS to procure a service abroad that is illegal here surely must be illegal for the NHS to go along with. She should look into fostering or adopting if she wants children. The money she has been awarded can help her a lot by purchasing a family home.