Compensation for the Cost of a Surrogacy Arrangement in Personal Injury Cases

A woman who has been rendered infertile by a defendant’s wrong may wish to obtain damages for the cost of becoming parent through surrogacy arrangement. Such claim, which yet be brought before an Australian court, would raise two partially overlapping issues under law. First, claim must satisfy general requirement that person suffered personal injury can only recover expenses are necessary and reasonable. Secondly, laws jurisdictions except Northern Territory regulate arrangements criminalise commercial (where surrogate mother is promised fee in addition reimbursement expenses). This regulation impact upon recoverability arrangement concepts coherence law public policy. The most complex scenario, but also likely arise litigation, plaintiff lives Australia wishes enter into foreign country this lawful. article investigates legal if court.