Modern Families Forum 2024

This year, we were hugely honoured to have Lady Hale as a guest at this year’s Modern Families Forum, organised by Resolution’s Children Committee. Baroness Hale gave the keynote address at the Modern Families Forum 2024. She focussed on the legal recognition and concept of the “family” from the 1960s to the present day.

Lady Hale explained that the definition of “family” is much wider today than it was in the 1960s when she started her legal career. Today, the definition of “family” includes unmarried cohabitants and same-sex families and those families built through surrogacy, which goes way beyond blood relations and affinity.

She went on to explain that this is not the end of the evolution of what is a “family” and that in determining legal cases involving children all considerations should be rooted in what is in the best interests of the child.

Barristers Andrew Powell and Dorothea Gartland KC provided an insightful and varied case law update concerning modern families dealing with biological and legal parenthood, assisted conception and fertility treatment, donor conception and surrogacy.

This was followed by a session looking at the legal issues arising in respect of embryos on separation, including continued storage and consent to use.

Finally, Freddy McConnell provided personal insight into his lived experience as a transgender man and parent of two children aged six and two years old.

Freddy explained that he first realised he would not be registered as “father” on his child’s birth certificate before he got pregnant. He had asked an online community and been told he would have to register as “mother”. This led him to consult the head of legal at his place of work and a lawyer for advice.

He shared his view that there should be a gender-neutral system for birth registration enabling individuals to register as father/parent in order to recognise different family structures.

The main presenters at the event provided the following write ups of their sessions, published in Issue 231 of The Review.

Natalie Sutherland and Tammy Knox discuss transgender identities in family law; Rose-Marie Drury and Colin Rogerson explain the issues around embryos on separation; and Dorothea Gartland KC and Andrew Powell provide a general update on the case law in this fascinating and ever-evolving area.