The High Court has ruled that the son of the Marquess of Bath, born via a surrogate mother in the United States, can potentially be added as a beneficiary to family trusts. Ceawlin Thynn, the 8th Marquess of Bath, and his wife, Marchioness Emma Thynn, sought the court's blessing to ensure their younger son, Henry, could inherit a share of three trusts worth an estimated £200 million.
Henry, now eight, was born in 2016 to an American surrogate after his mother suffered serious health issues during her first pregnancy. She was the first member of the British aristocracy to have a child via surrogacy. The couple argued that without the court's approval, Henry might be excluded from the trusts due to the circumstances of his birth.
In a ruling published on Thursday, Judge Paul Matthews stated that the trustees sought only the power to add Henry as a beneficiary, not to exercise it immediately, to avoid complications with US tax laws. He noted that Lord Bath and his wife considered it unfair for their second son to be excluded from benefit.
The judge added that Henry could reasonably expect to inherit after his elder brother, John, and take priority over any future siblings. The court approved the proposal, concluding that the trustees were entitled to form that view and that the proposal would benefit the family.
