Family Law Insights and Guides Modern Families Law Blog

This question arose in a desperately sad case that came before the President of the Family Division, Sir Andrew McFarlane in September 2024 reported as G v Human Fertilisation & Embryology Authority & Anor [2024] EWHC 2453 (Fam) https://www.bailii.org/ew/cases/EWHC/Fam/2024/2453.html. It is an example of how the strict rules to enable the...

In the last few years, public attention has been increasingly drawn towards the distress of transgender teenagers, particularly following the brutal murder of Brianna Ghey in February 2023. The issue of medication for teenagers with a diagnosis of gender dysphoria has become controversial leading to the Cass Review of Gender Identity Services...

International surrogacy is a process that is fraught with difficulty at the best of times. The hurdles that are often encountered include complications in relation to the jurisdiction where the child is born especially if surrogacy or same sex relationships are not legally recognised in that country, registration of the birth, nationality, entry...

When a child is conceived in a licensed clinic there are strict rules that have to be complied with to confirm the status of legal parent on the second parent. This requires the licensed clinic to complete all necessary paperwork correctly particularly to ensure that all involved adults are giving informed consent to the process and giving notice...

If you are thinking of creating a family through a surrogacy arrangement overseas, it is essential to take expert legal advice before embarking on this journey. C & Anor v E (International Surrogacy and Domestic Adoption) [2025] EWFC 68 https://www.bailii.org/ew/cases/EWFC/HCJ/2025/68.html is a recent example of a case where the intended...

Where a child is conceived outside of a licensed clinic, working out who are the legal parents of a child depends on the circumstances of conception and whether the mother is married or in a civil partnership at the time of conception. The crucial distinction between artificial insemination (AI) and natural insemination (NI) will determine if...

Cases that end up in the Family Court are generally the result of a breakdown in adult family relationships. Where a family has been created outside of the heteronormative model, cracks can emerge when expectations are not fulfilled or have been misunderstood. This case is an example where the three parent model just did not work in practice.