Marquess of Bath Seeks Legal Clarification for Surrogate Son's Inheritance
An aristocrat has initiated legal proceedings to secure inheritance rights for his son, who was born via a surrogate mother, ensuring the child can inherit a substantial portion of his £157 million fortune. The 8th Marquess of Bath, Ceawlin Thynn, and his wife Emma, Marchioness of Bath, welcomed their second child, Henry, in 2016 through surrogacy arrangements.
Medical Necessity Behind Surrogacy Decision
The couple turned to surrogacy after the Marchioness suffered from hypophysitis during her first pregnancy. This rare and serious condition involved swelling and bleeding of the pituitary gland, creating searing pain that Emma described as "like a knife stabbing at my brain." Medical professionals warned that a second pregnancy could prove fatal, leading to their decision to pursue surrogacy as a safer alternative to expand their family.
Henry is believed to be the first member of the British aristocracy born through surrogacy, which has created unprecedented legal questions regarding his right to inherit under traditional trust arrangements. The family's choice followed a terrifying medical ordeal that began during Emma's third trimester in 2014, when symptoms escalated during a holiday in the South of France.
Legal Complexities in High Court Proceedings
At a High Court hearing in Bristol, details emerged about three family trusts that retain "pre-1970, common law meanings of descriptions of family relationships." Mr Justice Matthews noted there was "uncertainty as to whether Henry falls at present within the class of beneficiaries" under these traditional trust structures.
The Marquess is seeking court approval to allow Henry and any of Henry's future children to inherit his wealth. However, this decision could potentially "prejudice the interests" of other beneficiaries, including his older brother John, age 11, or any other future legitimate children of the marquess.
Trustee Arrangements and Representation
The trustees include James Hervey-Bathurst, 76, whose family seat is Eastnor Castle near Ledbury, Herefordshire, and Anthony Westropp, 81, whose wife inherited Goadby Hall, the Palladian-style mansion near Melton Mowbray, Leicestershire. The court heard that Thynn seeks to confer power to add Henry to his beneficiaries but not to exercise that power immediately.
The judge approved the appointment of a solicitor to represent other beneficiaries of the family's trusts, acknowledging the complexity of the situation. Additional complications may arise from inheritance tax considerations, as Henry was born in the United States to an American surrogate mother.
Family Background and Historical Context
Ceawlin Thynn inherited his title following the death of his father from COVID-19 in 2020, at age 87. The relationship between father and son had become strained after Thynn removed some of his father's erotic artworks from the Longleat estate. The current Marquess runs the 900-acre Longleat estate on the Wiltshire-Somerset border.
Emma Weymouth made history as Britain's first black British aristocrat following their 2013 marriage. She is also a fashion model and former Strictly Come Dancing contestant. Speaking after Henry's birth in 2016, the Marquess expressed his joy, calling it "a wonder of modern science" that their family had been completed through surrogacy.
Medical Details and Family Statements
Emma described the hypophysitis diagnosis as particularly frightening because "doctors didn't understand hypophysitis very well at all, but they knew it was potentially fatal." She required steroid injections to develop the baby's lungs during her first pregnancy and underwent an emergency C-section three weeks before her due date because her life was at risk from a natural birth.
The Marchioness emphasized that their decision wasn't about "vanity" or convenience, stating: "I just want to live to see my children grow up. I did not want to take the risk of something tragic happening." She endured months of testing even after John was born safely, with symptoms that included vomiting and such severe pain that even breathing became agonizing.
The family considers it "unfair and unfortunate" if their second son were excluded from benefit, according to court statements. This legal action represents a significant test of how traditional aristocratic inheritance structures adapt to modern family arrangements and medical advancements.
