Knowledge and resources

Resolution’s Modern Families Conference included a handy round up of relevant recent cases from Dorothea Gartland KC and Andrew Powell, 4PB. We summarise them here by topic.

As fertility science and practice evolve, the law necessarily becomes more complicated, but there are some clear areas where reform could help

Issues regarding fertility law have increased significantly in the last few years and members are now likely to encounter such issues on a more frequent basis. There are family lawyers who have a particular specialism in fertility law, but it is an area in which we should all be able to give advice and assistance when requested. This guide aims to assist our members on best practice in this area.

Surrogacy is an area of family law that is on the rise and many practitioners all over the country are being asked to give advice. While there are surrogacy lawyers who specialise in this work, all of us should be equipped to deal with a surrogacy enquiry and to refer on where necessary.
In particular, it is important to note that the Law Commission of England and Wales, jointly with the Law Commission of Scotland, prepared a report (dated 29 March 2023) and draft legislation to outline a proposed reform to the current regulatory regime.

Unrealistic and incapable of anticipating changes in circumstances, the law on posthumous conception should be brought into line with other regulatory approaches

In this complex and emotional field of law, your relationship with the clients can be crucial

The Law Commission’s report contains a series of recommendations that aim to regulate and safeguard surrogacy. But it may be some time before they are acted upon.

A review of the High Court Family Division case of FC v MC [2021] EWHC 154 (Fam) (29 January 2021).

The case of Re X (A child) (Parental order: Surrogacy arrangement) [2020] is yet another example of the Family Court stretching the current outdated surrogacy laws in the UK.

A review of the recent Supreme Court decision in Whittington Hospital NHS Trust v XX [2020] UKSC 14

Natalie Gamble and Kelly Blaxall examine the recent ruling of the President of the Family Division in Re TT [2019] EWHC 2384 and its significance one for transgender and non-binary parents who conceive children after transitioning in this article from The Review.

Resolution's response to the Law Commissions consultation - Building families through surrogacy: A new law.

UK law supports surrogacy if it fits a model deemed acceptable: purportedly altruistic, consenting and privately arranged. Surrogacy is therefore not illegal in the UK but it is restricted by legislation.